United Hebrew Geriatric Center v. DeBuono

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Health, dated December 4, 1997, made after a hearing, which declined to review the denial of an application for medical assistance benefits dated March 11, 1994, on the ground that the request for a hearing to review the denial was not made within 60 dáys.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Initially, we note that inasmuch as the petition did not raise a question of substantial evidence, the…