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eBook details

• Title: Matter Sarah Jones v. Joseph Delia
• Author : Supreme Court of New York
• Release Date : January 17, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Proceeding pursuant to CPLR article 78, inter alia, to review three determinations of the respondent State Commissioner of Social Services, dated January 26, 1979, May 9, 1979 and May 14, 1979, respectively, and made after statutory fair hearings, which, inter alia, affirmed determinations of the local agency disqualifying petitioner from receiving public assistance in the category of home relief "for 60 days and until willing to comply with requirements relating to employables". Petition granted to the extent that the determinations are annulled, on the law, the petitioner is declared to be not employable as defined in section 385.1 of the Regulations of the State Department of Social Services (18 NYCRR 385.1), respondents are directed to restore petitioners grant of assistance and respondents are enjoined from requiring petitioner to report for a work assignment for as long as her medical condition renders her unemployable. The proceeding is otherwise dismissed on the merits, without costs or disbursements. The determination that petitioner was employable without limitations was based on the opinion of a physician employed by the local agency. This opinion, which was contrary to those of petitioners examining physicians, was reached without personal examination of the petitioner and was made solely from perusing the reports of petitioners physicians. The failure of the local agency to have conducted its own medical evaluation of the petitioner [78 A.D.2d 890 Page 891]

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