Legal Opinion

Mobley v. Perales

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 1985PublishedCited by 3 opinions

1Opinion of the Court

CPLR article 78 petition, dated November 2, 1983, seeking to annul a determination of respondent State Commissioner of Social Services, made July 5, 1983 after a fair hearing, is granted, on the law, without costs, to the extent of annulling the Commissioner’s determination and directing that petitioner receive two personal home care attendants.

The unanimous opinion of those who examined petitioner, including her doctor and other hospital personnel and support staff, is that petitioner is in need of two home care attendants. Petitioner presented documentary evidence of this as well as the…

2Cases cited3 opinions

  1. Hagood v. BergerNew York Court of Appeals · 1977
  2. Jones v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1980
  3. Greenwalt v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1980

3Cited by3 opinions

  1. Donovan v. CuomoAppellate Division of the Supreme Court of the State of New York · 1987
  2. Nicholson v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1989
  3. Stewart v. New York State & Local Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2006

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