MATTER OF ZEMBENSKI v. BLUM


83 A.D.2d 855 (1981)

In the Matter of Madeline Zembenski, Petitioner, v. Barbara Blum, as Commissioner of The New York State Department of Social Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 10, 1981


Petition granted, determination annulled, on the law, without costs or disbursements, and respondents are directed to reinstate petitioner's grant retroactive to the date of termination.

When the question is, as here, whether assistance should be discontinued the burden is on the local agency. There was a failure to prove by substantial evidence that the petitioner received either the initial medical evaluation form or the notice to discontinue assistance, or that...

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