Opinion
January 24, 1991
Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).
Petitioner claims he is entitled to a $900 reimbursement for the burial expenses of his indigent daughter. The funeral expenses were $4,063.
The applicable law and regulation provide for a $900 reimbursement only for funerals which do not exceed $1,400, excepting cremation, burial plot and ground-opening costs. Here the funeral bill clearly exceeded the $1,400 statutory cap. Therefore, reimbursement was properly denied. (Matter of Mendelsohn v Toia, 46 N.Y.2d 823.)
Concur — Sullivan, J.P., Rosenberger, Wallach, Asch and Smith, JJ.