Glengariff Health Care Center v. Glass
Court: Appellate Division of the Supreme Court of the State of New York; September 30, 1996; New York; State Appellate Court
A proceeding was initiated under CPLR article 78 to review a determination by the State Commissioner of Social Services, dated October 21, 1994, which upheld a local agency's denial of Maurice Seligson’s application for medical assistance. The court confirmed the Commissioner’s determination and dismissed the proceeding, awarding costs. The petitioner, acting as attorney-in-fact for Seligson’s estate, sought to annul the Commissioner's decision, which stated that the Commissioner lacked jurisdiction to review the Nassau County Department of Social Services' denial due to the late filing of a fair hearing request. The Commissioner ruled that the fair hearing was not requested within the 60-day limit set by Social Services Law. The record indicated that Seligson's son, Howard, submitted two applications for medical assistance on September 1, 1992, and October 18, 1993. Although Howard did not sign the first application, his contact information was provided, and he participated in the interview process, which supported the Commissioner's finding that he acted on behalf of his father. Since neither the applicant nor the recipient requested a fair hearing within the required timeframe, the Commissioner was deemed to lack jurisdiction. The record did not present adequate grounds for tolling the 60-day limitation period. Remaining arguments from the petitioner were found to lack merit. The decision was upheld unanimously by the justices involved.