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MATTER OF TYLER P. v. MERRICK

461 TP 23-00185.

217 A.D.3d 1558 (2023)

190 N.Y.S.3d 549

2023 NY Slip Op 03626

In the Matter of Tyler P., an Infant, by Mari G., His Natural Mother, Petitioner, v. Sarah G. Merrick, Commissioner of Onondaga County Department of Social Services-Economic Security, et al., Respondents.

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

Decided June 30, 2023.

Attorney(s) appearing for the Case

BERNARD V. KLEINMAN, SOMERS, FOR Petitioner.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (OWEN DEMUTH OF COUNSEL), FOR Respondent NEW YORK STATE DEPARTMENT OF HEALTH, OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, OFFICE OF ADMINISTRATIVE HEARINGS.

Present—Smith, J.P., Peradotto, Curran, Montour and Ogden, 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, Onondaga County [Gregory R. Gilbert, J.], entered Jan. 23, 2023) to review a determination of respondents. The determination denied the application for payment of third-party health insurance benefits.

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

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