BERTELL v. BLUM


82 A.D.2d 903 (1981)

Gertrude Bertell, 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.

June 29, 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 aid assistance retroactive to the date of its termination; the proceeding is otherwise dismissed on the merits.

The State commissioner's total reliance on hearsay evidence, represented by a fair hearing summary prepared by a person who had no personal knowledge of the facts, precludes a finding...

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