Estate of Daniell v. Demarzo

Proceeding pursuant to CPLR article 78 to review a determination of the State of New York Department of Health dated July 31, 2008, which, after a fair hearing, upheld a determination of the Department of Social Services of the County of Suffolk dated February 1, 2007, denying the application of the petitioner’s decedent for medical assistance benefits.

Adjudged that the petition is granted, on the law, with one bill of costs, the determination is annulled, and the matter is remitted to the respondent Janet DeMarzo, as Commissioner of the Department of Social Services of the County of Suffolk,…