MATTER OF EGAN v. DEBUONO


259 A.D.2d 414 (1999)

688 N.Y.S.2d 18

In the Matter of RITA EGAN, Petitioner, v. BARBARA A. DEBUONO, as Commissioner of New York State Department of Health, et al., Respondents.

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

Decided March 25, 1999.


The determination that petitioner, who suffers from bipolar disorder, was no longer eligible to receive 24-hour in-home personal care services under 18 NYCRR 505.14 is supported by substantial evidence. While petitioner's physician recommended continuation of personal services, the amount of such services "is not determined solely by the treating physician, but rather by the social services official `with the advice of a physician' (Social Services Law § 365-a [1]),...

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