Kelly v. Buscaglia

— Determination unanimously confirmed and petition dismissed without costs. Memorandum: This proceeding pursuant to CPLR 7803 (subd 4) is brought to review a determination of the Commissioner of the State Department of Social Services, after a fair hearing, which affirmed the determination of the Commissioner of the Erie County Department of Social *1102Services denying petitioner the services of a homemaker. On December 8, 1976 petitioner underwent a modified right radical mastectomy. She was found also to have hypertensive vascular disease and mild diabetes mellitus. These conditions curtailed…