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MATTER OF BOLDT v. NEW YORK STATE OFF. OF TEMPORARY AND DISABILITY ASSISTANCE

TP 22-00275.

210 A.D.3d 1397 (2022)

177 N.Y.S.3d 403

2022 NY Slip Op 06344

In the Matter of Linda J. Boldt, as Voluntary Administrator of the Estate of Doreen Barr, Deceased, Petitioner, v. New York State Office of Temporary and Disability Assistance et al., Respondents.

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

Decided November 10, 2022.

Attorney(s) appearing for the Case

STAMM LAW FIRM, WILLIAMSVILLE (BRADLEY J. STAMM, OF COUNSEL), for petitioner.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (JONATHAN D. HITSOUS, OF COUNSEL), for respondents.

Present—Whalen, P.J., Smith, Centra, Winslow and Bannister, JJ.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [Timothy J. Walker, A.J.], entered Feb. 23, 2022) to review a determination of respondents. The determination adjudged that Doreen Barr was not Medicaid-eligible for nursing facility services for a period of approximately nine months.

It is hereby ordered that the determination is unanimously...

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