Schulman v. Perales

—Mahoney, P. J.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of respondent State Commissioner of Social Services which denied petitioner’s application for reimbursement of moneys advanced to pay for home care services.

Petitioner, an 88-year-old woman who resided in the City of New York, had been approved for home care services by respondent New York City Department of Social Services (DSS) for four hours per day, seven days per week. Effective October 1, 1982, DSS approved an…