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IN THE MATTER OF MAHAGAN v. NEW YORK STATE DEPT. OF HEALTH

TP 07-02509.

2008 NY Slip Op 06102

IN THE MATTER OF MICHAEL MAHAGAN, AS ATTORNEY-IN-FACT FOR CHARLOTTE MAHAGAN, PETITIONER, v. NEW YORK STATE DEPARTMENT OF HEALTH AND ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS.

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

HANCOCK & ESTABROOK, LLP, SYRACUSE (JANET D. CALLAHAN OF COUNSEL), FOR PETITIONER.

NEW YORK STATE DEPARTMENT OF HEALTH, ALBANY (CHARLENE D. FLESZAR), FOR RESPONDENT NEW YORK STATE DEPARTMENT OF HEALTH.

PRESENT: MARTOCHE, J.P., SMITH, PERADOTTO, GREEN, AND GORSKI, JJ.

It is hereby ORDERED that said proceeding is unanimously dismissed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination after a fair hearing upholding the determination of respondent Onondaga County Department of Social Services (DSS) denying his application on behalf of his grandmother for Medicaid coverage. Respondent New York State Department of Health has advised this Court that its determination has...

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