Kelly v. Blum

OPINION OF THE COURT

Joseph P. Kuszynski, J.

Petitioner, Solomie Kelly, through Keith A. Morgenheim, Esq., from the office of Legal Counseling for the Elderly Project, Legal Aid Bureau of Buffalo, Inc., brings this article 78 proceeding to recover the sum of $1.60 spent by petitioner for bus fare in visiting Mr. Morgenheim at his office on two occasions when preparing for a fair hearing.

By way of background, the petitioner had applied to the Erie County Department of Social Services (ECDSS) for "homemaker’s services” as an item of medical assistance. This request was denied and thereupon she…