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MATTER OF ESTATE OF BURKE

1203 TP 16-00501.

145 A.D.3d 1588 (2016)

2016 NY Slip Op 08737

43 N.Y.S.3d 829

In the Matter of the Estate of EMILIE S. BURKE, Deceased. SANDRA DiMARCO, as Executor of EMILIE S. BURKE, Deceased, Petitioner; HOWARD ZUCKER, Commissioner, New York State Department of Health, Respondent.

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

Decided December 23, 2016.

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

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that Emilie S. Burke (decedent) was not Medicaid-eligible for nursing facility services for a period of 17.3 months on the ground that she had made uncompensated transfers during the look-back period (see...

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