MATTER OF HALL v. ZUCKER

1118 TP 20-01235.

202 A.D.3d 1490 (2022)

158 N.Y.S.3d 922

2022 NY Slip Op 00789

In the Matter of Calvin A. Hall, as Voluntary Administrator of the Estate of Josephine Hall, Deceased, Petitioner, v. Howard A. Zucker, Commissioner, New York State Department of Health, et al., Respondents.

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

Decided February 4, 2022.


Attorney(s) appearing for the Case

YANG-PATYI LAW FIRM, PLLC, SYRACUSE (JOSEPHINE YANG-PATYI OF COUNSEL), FOR PETITIONER.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (KATHLEEN M. TREASURE, OF COUNSEL), FOR RESPONDENTS HOWARD A. ZUCKER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH, AND SAMUEL D. ROBERTS, COMMISSIONER, NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.

RICHARD C. MITCHELL, COUNTY ATTORNEY, OSWEGO, FOR RESPONDENT STACY ALVORD, COMMISSIONER, OSWEGO COUNTY DEPARTMENT OF SOCIAL SERVICES.

Present—Smith, J.P., Peradotto, Carni and Bannister, JJ.


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

Memorandum: Petitioner, as voluntary administrator of the estate of Josephine Hall (decedent), commenced this CPLR article 78 proceeding seeking to annul the amended determination of the New York State Department of Health (respondent) denying, after a fair...

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