Nicholson v. New York State Department of Social Services

Kane, J. P.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Cortland County) to review a determination of respondent State Department of Social Services denying petitioner’s request for 24-hour medical assistance authorization.

Petitioner suffered a stroke in 1986 and, after her stay at a rehabilitation center, filed an application for 24-hour home medical assistance with respondent Cortland County Department of Social Services (hereinafter the County). The County approved personal care services for 11 hours per day and petitioner…