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MATTER OF HERBERG v. PERALES

180 A.D.2d 166 (1992)

In the Matter of William Herberg, by His Next Friend, Bertha Herberg, Respondent, v. Cesar Perales, as Commissioner of The New York State Department of Social Services, Appellant, et al., Respondent

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

May 21, 1992

Attorney(s) appearing for the Case

Judy E. Nathan of counsel (Robert J. Schack with her on the brief; Robert Abrams, Attorney-General, attorney), for appellant.

Steven B. Telzak of counsel (Lee Vilker with him on the brief; Bronx Legal Services Office of the Elderly, attorney), for respondent.

ROSENBERGER, ELLERIN and ASCH, JJ., concur.

MILONAS, J. P.

After suffering a debilitating stroke, petitioner, the late William Herberg, was hospitalized from September 29, 1988 through November 7, 1988. Already a victim of Parkinson's Disease, blindness and diabetes, petitioner was now left paralyzed on his left side and completely unable on his own to ambulate, bathe, dress, eat or meet his toiletary needs. He thereupon applied for, and was accepted...

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