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KESSLER v. SMITH

Record No. 2397-98-4.

521 S.E.2d 774 (1999)

31 Va. App. 139

Keith KESSLER v. Dennis SMITH, Director, Department of Medical Assistance Services.

Court of Appeals of Virginia, Alexandria.

December 7, 1999.

Attorney(s) appearing for the Case

Lewis E. Gelobter (Emily J. Kaufmann, Oakton; Legal Services of Northern Virginia, Inc., Public Benefits Unit, on brief), for appellant.

Brian M. McCormick, Special Counsel for the Department of Medical Assistance Services (Mark L. Earley, Attorney General; Ashley L. Taylor, Jr., Deputy Attorney General; Siran S. Faulders, Senior Assistant Attorney General, on brief), for appellee.

Present: BENTON and ANNUNZIATA, JJ., and DUFF, Senior Judge.

DUFF, Senior Judge.

Keith Kessler (appellant) appeals the trial court's decision dismissing his appeal of a decision of a hearing officer for the Department of Medical Assistance Services ("DMAS"). Appellant contends the trial court erred in finding that the appeal was not properly filed. We agree with appellant, and we reverse and remand.

FACTS

Appellant filed an appeal with DMAS concerning services...

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