MATTER OF BREITFELLER v. D'ELIA


99 A.D.2d 756 (1984)

In the Matter of Lorraine Breitfeller, Individually and on Behalf of Her Two Children, Petitioner, v. Joseph D'Elia, as Commissioner of The Nassau County Department of Social Services, et al., Respondents

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

February 6, 1984


Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements, and the matter is remitted to respondent State commissioner for a de novo fair hearing at which the petitioner may contest, on the merits, the local agency's denial of her application for medical assistance.

On March 30, 1981, respondent Nassau County Department of Social Services denied petitioner's application for medical assistance. The notice of...

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