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MATTER OF GARLAND v. ZUCKER

2020-01138 Index No. 9232/19.

213 A.D.3d 933 (2023)

182 N.Y.S.3d 646

2023 NY Slip Op 01001

In the Matter of Jessica Garland, Petitioner, v. Howard Zucker, Respondent.

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

Decided February 22, 2023.

Attorney(s) appearing for the Case

Legal Services of the Hudson Valley, White Plains, NY ( Mary Grace Ferone of counsel), for petitioner.

Letitia James , Attorney General, New York, NY ( Judith N. Vale and Blair J. Greenwald of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Chambers and Zayas, JJ., concur.

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Health dated July 30, 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 March 27, 2018, denying the petitioner's application for services under the Medicaid Home and Community Based Services Waiver program.

Adjudged that the determination...

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