McManus v Berlin

McManus v Berlin 2012 NY Slip Op 07252 Decided on November 1, 2012 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: November 1, 2012
514427

[*1]In the Matter of CAMILLE McMANUS, as Administrator of the Estate of MARY VICIDOMINI, Deceased, Appellant,

v

ELIZABETH R. BERLIN, as Executive Deputy Commissioner of the Office of Temporary and Disability Assistance, et al., Respondents.

Calendar Date: September 14, 2012
Before: Mercure, J.P., Malone Jr., McCarthy, Garry and Egan Jr., JJ.


Ruffo, Tabora, Mainello & McKay, Albany (Mark A.
Mainello of counsel), for appellant.
Eric T. Schneiderman, Attorney General, Albany
(Victor Paladino of counsel), for respondents.


MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Platkin, J.), entered June 10, 2011 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Health finding that petitioner had failed to establish an undue hardship for Medicaid eligibility purposes.

Judgment affirmed, upon the opinion of Justice Richard M. Platkin.

Mercure, J.P., Malone Jr., McCarthy, Garry and Egan Jr., JJ., concur.

ORDERED that the judgment is affirmed, without costs.