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MATTER OF PUGLIESE v. ZUCKER

784 TP 19-00440

176 A.D.3d 1575 (2019)

109 N.Y.S.3d 549

2019 NY Slip Op 07159

In the Matter of Anthony Pugliese, Agent under Power of Attorney for Antonio Pugliese, Petitioner, v. Howard Zucker, Commissioner, New York State Department of Health, Respondent.

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

Decided October 4, 2019.

Attorney(s) appearing for the Case

THE MARRONE LAW FIRM, P.C., SYRACUSE ( CHRISTINE KHAMIS OF COUNSEL), FOR PETITIONER.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( JONATHAN D. HITSOUS OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Centra, Peradotto, Lindley and DeJoseph, JJ.

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

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to challenge a determination, made after a fair hearing, that he is ineligible for Medicaid coverage. We confirm that determination. When reviewing a Medicaid eligibility determination made after a fair hearing, we must determine whether the agency's decision is "supported by

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