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MATTER OF JASON B. v. NOVELLO

12 N.Y.3d 107 (2009)

In the Matter of JASON B., Respondent, v. ANTONIA COELLO NOVELLO, as Commissioner of the New York State Department of Health, et al., Appellants.

Court of Appeals of New York.

Decided February 19, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, New York City (Cecelia C. Chang, Barbara D. Underwood and Benjamin N. Gutman of counsel), for appellants.

Mental Hygiene Legal Service, Second Judicial Department, Mineola (Felicia B. Rosen, Sidney Hirschfeld and Dennis B. Feld of counsel), for respondent.

Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

CIPARICK, J.

In this appeal, we are asked to determine whether the doctrine of res judicata precludes the New York State Office of Mental Retardation and Developmental Disabilities (OMRDD) from reassessing an earlier decision that an applicant is eligible for benefits as a result of a developmental disability as defined by Mental Hygiene Law § 1.03(22). We conclude that it does not.

The Medicaid Act, administered by the...

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