Rosenblum v. Lavine

In this article 78 proceeding, petitioner, a welfare recipient, seeks reimbursement from respondents for out-of-pocket payments made for a home health aide required for medical reasons.

Petitioner, 84 years old, suffered a severe stroke (cerebral vascular accident with complete hemiplegia) in November, 1970, and since her discharge from the hospital has been completely incapacitated. Her condition required emergency relief in the form of a health aide which respondents failed to furnish. The aide was paid by a niece, for which reimbursement is sought. It appears that unless such health aide…