STEVENS v. ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES (2004)

 Petitioner commenced this CPLR article 78 proceeding challenging the determination confirming the decision denying her request for Medicaid benefits for her mother following a fair hearing.   The determination is based on the failure of petitioner to provide requested documentation concerning three bank accounts and her father's estate and, contrary to petitioner's contention, the determination is supported by substantial evidence (see Matter of Rossman v. Novella, 300 A.D.2d 483, 751 N.Y.S.2d 423;  Green Manor Assoc. v. Beaudoin, 285 A.D.2d 807, 809, 727 N.Y.S.2d 759;  Matter of Frohlinger v. DeBuono, 278 A.D.2d 323, 324, 718 N.Y.S.2d 208).   Even accepting as true the assertion of petitioner that she had little knowledge of her parents' finances, we nevertheless conclude that petitioner is not thereby relieved of her obligation to provide the requested documentation (see Matter of Chase v. New York State Dept. of Social Servs., 252 A.D.2d 612, 613-614, 675 N.Y.S.2d 203, lv. denied 92 N.Y.2d 813, 681 N.Y.S.2d 474, 704 N.E.2d 227).   Finally, although we may properly take judicial notice of the fact that petitioner's subsequent request for Medicaid benefits was also denied (see generally Matter of Board of Educ. of City School Dist. of City of Buffalo v. Munoz, 4 A.D.3d 879, 880, 772 N.Y.S.2d 147), we conclude that the present proceeding is not rendered moot by that denial (see 18 NYCRR 360-2.4).

It is hereby ORDERED that the determination be and the same hereby is unanimously confirmed without costs and the amended petition is dismissed.

MEMORANDUM: