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MATTER OF TARRYTOWN HALL CARE CTR. v. MCGUIRE

2012-08187, Index No. 2849/12.

116 A.D.3d 871 (2014)

984 N.Y.S.2d 93

2014 NY Slip Op 2600

In the Matter of TARRYTOWN HALL CARE CENTER, as Assignee for the Estate of Margaret Traino, Deceased, Petitioner, v. KEVIN M. McGUIRE, as Commissioner of the Westchester County Department of Social Services, et al., Respondents.

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

Decided April 16, 2014.

Adjudged that the petition is granted, on the law, with costs, the determination dated December 20, 2011, is annulled, and matter is remitted to the New York State Department of Health to grant the petitioner's application for an undue hardship exception to Medicaid ineligibility pursuant to 18 NYCRR 360-4.4.

Margaret Traino (hereinafter the decedent) was admitted to a nursing home facility known as Tarrytown Hall Care...

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