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COLEMAN v. DAINES

No. 152.

19 N.Y.3d 1087 (2012)

979 N.E.2d 1158

955 N.Y.S.2d 831

2012 NY Slip Op 7222

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

Court of Appeals of New York.

Decided October 30, 2012.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Richard Dearing , Simon Heller and Barbara D. Underwood of counsel), for Richard F. Daines, appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Jane L. Gordon , Janice Birnbaum and Edward F.X. Hart of counsel), for Robert Doar, appellant.

Bellin & Associates LLC, White Plains ( Aytan Y. Bellin of counsel), for respondent.

Saima A. Akhtar , Albany, and Susan C. Antos , Linda Hassberg , Central Islip, Bryan Hetherington , Rochester, and Trilby deJung , Steven Banks , Legal Aid Society, New York City ( Adriene L. Holder , Judith A. Goldiner and Kenneth R. Stephens of counsel), for Empire Justice Center and another, amici curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO and JONES concur in memorandum; Judge PIGOTT dissents and votes to reverse in an opinion in which Judges READ and SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

In November 2007 and January 2008, petitioner Barbara Coleman applied for Medicaid-funded personal care attendant services with the New York City Human Resources Administration (HRA). Having received no response to her request by May 2008, she submitted an application for "temporary medical assistance...

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