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MATTER OF MEDFORD MULTICARE CENTER v. ZUCKER

2016-03309, Index No. 6965/15.

161 A.D.3d 1160 (2018)

77 N.Y.S.3d 524

2018 NY Slip Op 03837

In the Matter of Medford Multicare Center, as Representative for "John Doe," the to-be-Appointed Representative of the Estate of Louise Wick, Deceased, Petitioner, v. Howard A. Zucker, M.D., J.D., as Acting Commissioner of the Department of Health of the State of New York, et al., Respondents.

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

Decided May 30, 2018.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

In 2012, Louise Wick, a 91-year-old person with a guardian, was admitted to long-term care at the petitioner nursing home. Wick's guardian authorized the petitioner's Medicaid coordinator to represent Wick during the Medicaid eligibility process. On or about July 28, 2014, Wick's representative submitted a Medicaid application to the Suffolk...

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