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MATTER OF BAKER

320 TP 22-01897.

217 A.D.3d 1513 (2023)

2023 NY Slip Op 03596

In the Matter of Robert Baker, Deceased. Ann Marie Baker, Petitioner, v. Daniel W. Tietz, as Commissioner of New York State Office of Temporary and Disability Assistance, et al., Respondents.

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

Decided June 30, 2023.

Attorney(s) appearing for the Case

MAGAVERN MAGAVERN GRIMM LLP, BUFFALO ( ELLEN G. SPENCER of counsel), for Petitioner.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( BRIAN LUSIGNAN , OF COUNSEL), FOR Respondents DANIEL W. TIETZ , AS COMMISSIONER OF NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, AND MARY T. BASSETT , AS COMMISSIONER OF THE DEPARTMENT OF HEALTH OF THE STATE OF NEW YORK.

Present—Smith, J.P., Lindley, Curran, Montour and Ogden, JJ.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [Donna M. Siwek, J.], entered Oct. 19, 2022) to review a determination that denied as untimely petitioner's request for review of the denial of her decedent's application for Medicaid benefits.

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

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