USATYNSKI, THEODORE J. v. DAINES, M.D., RICHARD F.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 722 TP 11-00134 PRESENT: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND GORSKI, JJ. IN THE MATTER OF THEODORE J. USATYNSKI, AS VOLUNTARY ADMINISTRATOR OF THE ESTATE OF THEODORE W. USATYNSKI, DECEASED, PETITIONER, V MEMORANDUM AND ORDER RICHARD F. DAINES, M.D., COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH, ELIZABETH R. BERLIN, EXECUTIVE DEPUTY COMMISSIONER, NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, AND DAVID SUTKOWY, COMMISSIONER, ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS.…