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MATTER OF LEIBERT v. N.Y. STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

38 A.D.3d 441 (2007)

833 N.Y.S.2d 46

In the Matter of RITA A. LEIBERT, Petitioner, v. N.Y. STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE et al., Respondents.

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

Decided March 27, 2007.

Eligibility for payments for special foster care services is governed by 18 NYCRR 427.6 (c). Although petitioner does not clearly state which paragraph of this subdivision she is asserting, the only two that could possibly apply are paragraph (2), where the child, as a result of "pronounced physical conditions," has been certified by a physician as requiring a "high degree of physical care," and paragraph (4), where the child has...

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