IN RE: Michael MAHAGAN (2008)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: Michael MAHAGAN, as Attorney-In-Fact for Charlotte Mahagan, Petitioner, v. NEW YORK STATE DEPARTMENT OF HEALTH and Onondaga County Department of Social Services, Respondents.

Decided: July 03, 2008

PRESENT: MARTOCHE, J.P., SMITH, PERADOTTO, GREEN, AND GORSKI, JJ.

Hancock & Estabrook, LLP, Syracuse (Janet D. Callahan of Counsel), for Petitioner. New York State Department of Health, Albany (Charlene D. Fleszar), for Respondent New York State Department of Health.

Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination after a fair hearing upholding the determination of respondent Onondaga County Department of Social Services (DSS) denying his application on behalf of his grandmother for Medicaid coverage. Respondent New York State Department of Health has advised this Court that its determination has been reversed, and that DSS has been directed to redetermine the grandmother's eligibility for Medicaid coverage. “Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the proceeding is dismissed as moot” (Matter of Garcia v. Portuondo, 308 A.D.2d 621, 764 N.Y.S.2d 224; see Matter of Wellman v. Surles, 185 A.D.2d 464, 466, 586 N.Y.S.2d 341).

It is hereby ORDERED that said proceeding is unanimously dismissed without costs.

MEMORANDUM:

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