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MATTER OF KANE v. PARRY

55 A.D.2d 678 (1976)

In the Matter of Nina Kane, on Her Own Behalf and on Behalf of All Others Similarly Situated, Respondent, v. Henry G. Parry, Jr., as Commissioner of The Orange County Department of Social Services, Respondent, and Abe Lavine, as Commissioner of The New York Department of Social Services, Appellant In the Matter of Minette Boerum, Respondent, v. Henry G. Parry, Jr., as Commissioner of The Orange County Department of Social Services, Respondent, and Abe Lavine, as Commissioner of The New York Department of Social Services, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 27, 1976

Judgment reversed, on the law, without costs or disbursements, and proceeding dismissed on the merits.

Petitioners have no right to a fair hearing because there was no discontinuance of Medicaid payments (see 18 NYCRR 358.4 [a] [4]). Their failure to comply with the reasonable condition of residing in a qualified nursing home constitutes a waiver of their right to receive payments.

Hopkins, Acting P. J., dissents and votes to affirm the judgment...

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