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MATTER OF DICKINSON v. DAINES

No. 195.

15 N.Y.3d 571 (2010)

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

Court of Appeals of New York.

Decided November 23, 2010.

Attorney(s) appearing for the Case

Woods Oviatt Gilman LLP, Rochester ( René H. Reixach of counsel) and Stephen T. McMahon , Camillus, for appellant.

Andrew M. Cuomo , Attorney General, Albany ( Victor Paladino , Barbara D. Underwood and Andrew D. Bing of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We hold that violation of a regulatory deadline for rendering a decision after a fair hearing does not require the State to pay Medicaid benefits to a person not otherwise entitled to them.

I

Petitioner, an elderly woman living in a skilled nursing facility, applied to the Onondaga County Department of Social Services (DSS) for Medicaid benefits. DSS rejected...

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