IN RE: THEODORE J. USATYNSKI

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

IN RE: THEODORE J. USATYNSKI, AS VOLUNTARY ADMINISTRATOR OF THE ESTATE OF THEODORE W. USATYNSKI, DECEASED, PETITIONER, v. RICHARD F. DAINES, M.D., COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH, ELIZABETH R. BERLIN, EXECUTIVE DEPUTY COMMISSIONER, NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, AND DAVID SUTKOWY, COMMISSIONER, ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS.

TP 11–00134

Decided: July 01, 2011

PRESENT:  SMITH, J.P., FAHEY, CARNI, LINDLEY, AND GORSKI, JJ. MANNION & COPANI, SYRACUSE (ANTHONY F. COPANI OF COUNSEL), FOR PETITIONER. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR RESPONDENTS RICHARD F. DAINES, M.D., COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH, AND ELIZABETH R. BERLIN, EXECUTIVE DEPUTY COMMISSIONER, NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.

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, Onondaga County [Anthony J. Paris, J.], entered November 18, 2010) to review a decision after fair hearing of the New York State Office of Temporary and Disability Assistance.   The decision, among other things, confirmed the determination of the Onondaga County Department of Social Services denying an application made on behalf of Theodore W. Usatynski for Medicaid benefits.

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

Patricia L. Morgan

Clerk of the Court