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Berger v. Blum

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1981
81 A.D.2d 903 (N.Y. App. Div. 1981)

Opinion

May 26, 1981


Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent State Commissioner of Social Services, dated August 13, 1979 and made after a statutory fair hearing, which affirmed a determination of the local agency reducing home health aide for Meta Adler. Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements, and respondents are directed to restore petitioner's home health aide assistance; the proceeding is otherwise dismissed on the merits. When the question is, as here, whether assistance should be reduced or discontinued, the burden is on the local agency (see Matter of Woodley v Lavine, 54 A.D.2d 912). The local agency introduced only an uncorroborated hearsay statement and presented no witnesses at the hearing. The local agency did not meet its burden and did not submit "the substantial evidence upon which an administrative decision must be based" (see Matter of Fore v Toia, 60 A.D.2d 913; Newman v Shang, 67 A.D.2d 999). Damiani, J.P., Gibbons, Gulotta and Thompson, JJ., concur.


Summaries of

Berger v. Blum

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1981
81 A.D.2d 903 (N.Y. App. Div. 1981)
Case details for

Berger v. Blum

Case Details

Full title:JOAN BERGER, as Guardian ad Litem for META ADLER, Petitioner, v. BARBARA…

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

Date published: May 26, 1981

Citations

81 A.D.2d 903 (N.Y. App. Div. 1981)

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