IN RE: PATRICK L. CAPRI (2011)

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

IN RE: PATRICK L. CAPRI, AS ADMINISTRATOR OF THE ESTATE OF MARY CAPRI, DECEASED, PETITIONER, v. RICHARD F. DAINES, M.D., COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH, LUCILLE A. SOLDATO, COMMISSIONER, ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES, AND ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS.

TP 11–01443

Decided: December 23, 2011

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND SCONIERS, JJ.

KOWALCZYK, DEERY, HILTON & BROADBENT, LLP, UTICA (ROBERT K. HILTON, III, OF COUNSEL), FOR PETITIONER. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATHLEEN M. TREASURE OF COUNSEL), FOR RESPONDENT RICHARD F. DAINES, M.D., COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH. JOHN A. HERBOWY, UTICA, FOR RESPONDENTS LUCILLE A. SOLDATO, COMMISSIONER, ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES, AND ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES.

MEMORANDUM AND 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, Oneida County [Anthony F. Shaheen, J.], entered June 6, 2011) to review a determination of respondent Richard F. Daines, M.D., Commissioner, New York State Department of Health. The determination found after a fair hearing that petitioner was currently ineligible for medical assistance benefits.

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

Frances E. Cafarell

Clerk of the Court

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