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MATTER OF DICKINSON v. DAINES

1246 CA 09-00711

68 A.D.3d 1646 (2009)

2009 NY Slip Op 9743

892 N.Y.S.2d 727

In the Matter of VIOLA DICKINSON, Respondent, v. RICHARD F. DAINES, M.D., Commissioner, New York State Department of Health, Appellant, et al., Respondent.

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

Decided December 30, 2009.

It is hereby ordered that the judgment so appealed from is reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul an "Amended Decision after Fair Hearing" (hereafter, amended determination) of respondent Commissioner of the New York State Department of Health (DOH) denying her application for Medicaid coverage on the ground that...

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