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BLATT v. PERALES

201 A.D.2d 258 (1994)

608 N.Y.S.2d 826

Kathryn Blatt, on Behalf of Herself and All Others Similarly Situated, Petitioner, v. Cesar Perales, as Commissioner of Social Services of The State of New York, et al., Respondents

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

February 1, 1994

There was substantial evidence that the hospital nursing staff was capable of attending to petitioner's medical problems obviating the need for 24-hour private duty nursing care (10 NYCRR 85.33 [c]; 18 NYCRR 505.8 [c]). Petitioner's other claims are not properly before this Court since the IAS Court stayed determination of those issues pending decision on the substantial evidence...

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