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COLEMAN v. DAINES

1923, 108435/08.

79 A.D.3d 554 (2010)

913 N.Y.S.2d 83

BARBARA COLEMAN, by Her Attorney-in-Fact, MAZILEE COLEMAN, on Behalf of Herself and All Others Similarly Situated, Appellant, v. RICHARD F. DAINES, M.D., Individually and as Commissioner of the New York State Department of Health, et al., Respondents.

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

Decided December 16, 2010.

On November 21, 2007 and January 23, 2008, petitioner Barbara Coleman, born July 18, 1942 and suffering from, among other things, dementia, diabetes, anxiety, agitation and joint pain, submitted an application requesting Medicaid home care services in the form of sleep-in personal care attendants, 24 hours a day, seven days a week (24/7), retroactive to December 1, 2007. Petitioner was not given notice of the availability of temporary...

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