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MATTER OF USATYNSKI v. DAINES

TP 11-00134.

86 A.D.3d 914 (2011)

926 N.Y.S.2d 787

2011 NY Slip Op 5748

In the Matter of THEODORE J. USATYNSKI, as Voluntary Administrator of the Estate of THEODORE W. USATYNSKI, Deceased, Petitioner, v. RICHARD F. DAINES, Commissioner, New York State Department of Health, et al., Respondents.

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

Decided July 1, 2011.

It is hereby ordered that said proceeding is unanimously dismissed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the decision after a fair hearing that confirmed the determination of the Onondaga County Department of Social Services (DSS) denying his application on behalf of his father (decedent) for Medicaid benefits. During the pendency of this appeal, respondents Richard F. Daines, M.D., Commissioner...

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