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Matter of Reynolds v. Berger

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1976
54 A.D.2d 910 (N.Y. App. Div. 1976)

Opinion

November 1, 1976


Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated May 28, 1975 and made after a fair hearing, that no application for authorization for medical assistance had been submitted to the local agency. Determination confirmed and proceeding dismissed, on the merits, without costs or disbursements. The petitioner has the burden of proving eligibility for medical assistance (see Lavine v Milne, 424 U.S. 577). This burden includes proving that an application was made for assistance. Applying the substantial evidence test, the record supports the inference that the petitioner did not make an application for medical assistance. Hopkins, Acting P.J., Damiani, Rabin, Shapiro and Titone, JJ., concur.


Summaries of

Matter of Reynolds v. Berger

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1976
54 A.D.2d 910 (N.Y. App. Div. 1976)
Case details for

Matter of Reynolds v. Berger

Case Details

Full title:In the Matter of TORANCE REYNOLDS et al., Petitioners, v. STEPHEN BERGER…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 1, 1976

Citations

54 A.D.2d 910 (N.Y. App. Div. 1976)

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