BERGER v. BLUM


81 A.D.2d 903 (1981)

Joan Berger, as Guardian ad Litem for Meta Adler, 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.

May 26, 1981


Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements, and respondents are directed to restore petitioner's home health aide assistance; the proceeding is otherwise dismissed on the merits.

When the question is, as here, whether assistance should be reduced or discontinued, the burden is on the local agency (see Matter of Woodley v Lavine, 54 A.D.2d 912). The local agency...

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