Giammarino v. Berger

Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner of the Department of Social Services, dated August 29, 1975 and made after a fair hearing, which *900affirmed a determination of the respondent Commissioner of the Nassau County Department of Social Services, which denied petitioner’s application for medical assistance in the form of nursing home care. Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements, and the matter is remanded to the respondent State commissioner for a redetermination…