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MATTER OF AUGUSTE v. HAMMONS

285 A.D.2d 417 (2001)

727 N.Y.S.2d 880

In the Matter of HENROIT AUGUSTE, Respondent, v. MARVA L. HAMMONS, Respondent, and BRIAN J. WING, Appellant.

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

Decided July 26, 2001.

Respondent New York City Department of Social Services (DSS) restored petitioner's Medicaid benefits almost immediately after the commencement of this proceeding. In view of this, Supreme Court dismissed as moot petitioner's request, inter alia, for a judgment declaring unconstitutional respondents' method of terminating such benefits. Nevertheless, Supreme Court, apparently concluding that petitioner was the prevailing...

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