Legal Opinion
Wiszniewski v. New York State Department of Social Services
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1988PublishedCited by 5 opinions
1Opinion of the Court
Initially, we note that the court erred in deciding the *953substantial evidence question instead of transferring the petition to this court (CPLR 7804 [g]). Nevertheless, we may treat the matter as though it had been properly transferred (Matter of King v McMickens, 120 AD2d 351, affd 69 NY2d 840). The denial of benefits was arbitrary and capricious because it was inconsistent with respondents’ own regulations. 18 NYCRR 360.6 (b) (1) provides that an applicant’s home is exempt if he or she is temporarily absent therefrom. Hospitalization or placement in a nursing home constitutes temporary…
2Cases cited4 opinions
- King v. McMickensAppellate Division of the Supreme Court of the State of New York · 1986
- Perez v. WardNew York Court of Appeals · 1987
- Dauer v. PeralesAppellate Division of the Supreme Court of the State of New York · 1986
- Palmer v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by5 opinions
- Badenhausen v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1989
- Taylor v. BaneAppellate Division of the Supreme Court of the State of New York · 1993
- Matter of Inglese v. ShahAppellate Division of the Supreme Court of the State of New York · 2014
- Pawlowski v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1989
- Golf v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1995