MATTER OF GABRYNOWICZ v. NEW YORK STATE DEPARTMENT OF HEALTH


37 A.D.3d 464 (2007)

829 N.Y.S.2d 606

In the Matter of ELISABETH GABRYNOWICZ, Petitioner, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

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

Decided February 6, 2007.


Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with one bill of costs to the respondents appearing separately and filing separate briefs.

In reviewing a Medicaid eligibility determination made after a fair hearing, the court must "`review the record, as a whole, to determine if the agency's decisions are supported by substantial evidence and are not affected by an error of law'" (Matter of Rogers...

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