From Casetext: Smarter Legal Research

Matter of Weinberg v. Perales

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1986
121 A.D.2d 729 (N.Y. App. Div. 1986)

Summary

finding that local commissioner could not challenge decision of State commissioner with respect to recipients' right to medicaid benefits because federal law requires that medicaid be administered by a single state agency and federal regulations "provide that a local agency must not have authority to review, change or disapprove the decision of the single state agency"

Summary of this case from Meachem v. Wing

Opinion

June 30, 1986

Appeal from the Supreme Court, Rockland County (Gurahian, J.).


Order and judgment affirmed, without costs or disbursements.

The petitioner, the Rockland County Commissioner of Social Services (hereinafter the Rockland commissioner) asserts that he has standing to seek review of a determination of the State commissioner pursuant to Social Services Law § 22 (9) (b). Social Services Law § 22 (9) (b) was amended to empower a local social services official aggrieved by a determination of the State commissioner after a fair hearing to apply for review pursuant to CPLR article 78 unless otherwise precluded by Federal Law (see, L 1978, ch 473, § 2). Federal statutory law requires that the medical assistance program at issue here must be administered by a single State agency (see, 42 U.S.C. § 1396a [a] [5]), and the applicable Federal regulations provide that a local agency must not have authority to review, change or disapprove the decision of the single State agency (see, 42 C.F.R. § 431.10 [b] [1], [2] [ii]; [e] [3]). Hence, the mandate of Federal law precludes the instant challenge by the Rockland commissioner, or the political subdivision which he represents (see, Matter of Beaudoin v. Toia [Jorczak], 45 N.Y.2d 343; Matter of Romano v. Perales, 110 A.D.2d 1028, affd 67 N.Y.2d 848 for reasons stated in the mem at App. Div.). Lazer, J.P., Gibbons, Niehoff and Kunzeman, JJ., concur.


Summaries of

Matter of Weinberg v. Perales

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1986
121 A.D.2d 729 (N.Y. App. Div. 1986)

finding that local commissioner could not challenge decision of State commissioner with respect to recipients' right to medicaid benefits because federal law requires that medicaid be administered by a single state agency and federal regulations "provide that a local agency must not have authority to review, change or disapprove the decision of the single state agency"

Summary of this case from Meachem v. Wing
Case details for

Matter of Weinberg v. Perales

Case Details

Full title:In the Matter of NOAH WEINBERG, Individually and as Commissioner of the…

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

Date published: Jun 30, 1986

Citations

121 A.D.2d 729 (N.Y. App. Div. 1986)

Citing Cases

Personal-Touch Home Care v. City of New York

The Court rejects this argument. As explained by the Second Department in Weinberg v Perales (121 AD2d 729…

Meachem v. Wing

Further, if any relief were ultimately required of the City, it would be available by means of an injunction…