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MATTER OF CAPRI v. DAINES

TP 11-01443.

90 A.D.3d 1530 (2011)

935 N.Y.S.2d 761

2011 NY Slip Op 9421

In the Matter of PATRICK L. CAPRI, as Administrator of the Estate of MARY CAPRI, 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.

Decided December 23, 2011.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: In this CPLR article 78 proceeding, petitioner contends, as administrator of the estate of his mother (decedent), that the determination of Richard F. Daines, M.D., Commissioner, New York State Department of Health (respondent) is not supported by substantial evidence. Respondent upheld the determination of respondents Lucille A. Soldato, Commissioner...

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