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MATTER OF GIAQUINTO v. COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH

511701.

91 A.D.3d 1224 (2012)

939 N.Y.S.2d 578

2012 NY Slip Op 437

In the Matter of DOMINICK GIAQUINTO, Respondent-Appellant, v. COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH, Appellant-Respondent, et al., Respondent.

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

Decided January 26, 2012.

MERCURE, A.P.J.

This marks the second occasion that the present case has been before us (Matter of Giaquinto v Commissioner of N.Y. State Dept. of Health, 39 A.D.3d 922 [2007], revd 11 N.Y.3d 179 [2008]). Briefly stated, petitioner was a resident of a nursing home. After his application for Medicaid benefits was denied on the ground that...

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