Schonberg v. Perales

In this transferred CPLR article 78 proceeding, the determination of the respondent Perales, rendered May 22, 1987 after hearing, which affirmed a determination of the respondent Grinker denying petitioner’s request for prior approval for out-of-State rehabilitation services at the Whitewood Rehabilitation Center in Waterbury, Connecticut, and instead approved nursing home placement, is unanimously annulled, on the law, without costs or disbursements, and the matter is remitted to the New York City Department of Social Services for a de novo determination.

Petitioner, now 40 years of age,…