Orlando v. Blum

In a proceeding pursuant to CPLR article 78 to review a determination of the State Commissioner of Social Services, dated January 24, 1978 and made after a statutory fair hearing, which affirmed a determination of the local agency denying petitioner’s application for medical assistance, the State commissioner appeals from a judgment of the Supreme Court, Nassau County, entered October 3, 1978, which remanded the matter to the local agency for reconsideration upon the basis of one month’s excess income (the criterion for out-patient treatment) rather than six months’ excess income (the…