IN THE MATTER OF RYDER v. DAINES


57 A.D.3d 1411 (2008)

870 N.Y.S.2d 208

In the Matter of TRACY RYDER, as Executrix of MARY BOSMA, Deceased, Petitioner, v. RICHARD F. DAINES, M.D., Commissioner, New York State Department of Health, et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

December 31, 2008.


It is hereby ordered that the determination is unanimously annulled on the law without costs, the amended petition is granted, and the matter is remitted to respondent Oneida County Department of Social Services for further proceedings in accordance with the following memorandum: Decedent commenced this CPLR article 78 proceeding to challenge the determination following a fair hearing that decedent's application date for purposes of determining the amount of decedent's retroactive...

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