IN RE: THE ESTATE OF CLANCY STARKS AND WATERFRONT OPERATIONS ASSOCIATES (2024)

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

IN RE: THE ESTATE OF CLANCY STARKS AND WATERFRONT OPERATIONS ASSOCIATES, LLC, DOING BUSINESS AS ELLICOTT CENTER FOR NURSING AND REHABILITATION, PETITIONERS, v. NEW YORK STATE DEPARTMENT OF HEALTH AND JAMES V. MCDONALD, IN HIS OFFICIAL CAPACITY AS ACTING COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH, RESPONDENTS.

231 Decided: March 15, 2024

PRESENT: WHALEN, P.J., LINDLEY, OGDEN, NOWAK, AND DELCONTE, JJ.

COWART DIZZIA LLP, NEW YORK CITY (JENNIFER NEARY OF COUNSEL), FOR PETITIONERS. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (BRIAN LUSIGNAN OF COUNSEL), FOR RESPONDENTS.

ORDER

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [Mark J. Grisanti, A.J.], entered September 19, 2023) to review a determination of respondents. The determination denied a request for review of the denial of an application for Medicaid benefits submitted on behalf of Clancy Starks.

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

Entered: March 15, 2024

Ann Dillon Flynn

Clerk of the Court

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