Albert v. Perales

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated September 23, 1987, which, after a fair hearing, denied the petitioner’s application for medical assistance based upon Social Services Law § 366 (5).

Adjudged that the petition is granted, on the law, with costs, the determination is annulled, the respondents are directed to provide the petitioner with retroactive medical assistance benefits, and the matter is remitted to the respondent Commissioner of the New York State Department of Social…