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MATTER OF McKEARNEY v. WINGATE

287 A.D.2d 506 (2001)

731 N.Y.S.2d 629

In the Matter of MICHAEL McKEARNEY, Appellant, v. JOHN B. WINGATE, as Commissioner of the Suffolk County Department of Social Services, et al., Respondents.

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

Decided October 9, 2001.

Adjudged that the determination is confirmed and the proceeding dismissed on the merits, without costs or disbursements.

Contrary to the petitioner's contention, there is substantial evidence to support the determinations of the Commissioner of the Suffolk County Department of Social Services that the petitioner's mental disability was not of such a nature as would toll the 90-day Statute of Limitations for requesting a Fair Hearing to challenge the denial of his...

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