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MATTER OF STERNBERG v. NEW YORK STATE OFF. FOR PEOPLE WITH DEV. DISABILITIES

2020-00698, Index No. 53383/19.

2022 NY Slip Op 02270

IN THE MATTER OF SAMUEL COOPER STERNBERG, ETC., Petitioner, v. NEW YORK STATE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, ETC., ET AL., Respondents.

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

Decided April 6, 2022.

Attorney(s) appearing for the Case

Deborah E. Cooper and Daniel S. Sternberg , Millerton, NY, for petitioner.

Letitia James , Attorney General, New York, NY ( Steven C. Wu and Blair J. Greenwald of counsel), for respondents.

Before: Betsy Barros, J.P., Reinaldo E. Rivera, Paul Wooten, Deborah A. Dowling, JJ.

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Health dated April 29, 2019. The determination, after a fair hearing pursuant to Social Services Law § 22, upheld a determination of the New York State Office for People with Developmental Disabilities dated January 11, 2019, terminating the petitioner's participation in the Medicaid Home and Community Based Services Waiver Program.

DECISION & JUDGMENT

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