Legal Opinion

Dickinson v. Daines

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 2009PublishedCited by 2 opinions

1Opinion of the Court

*1647Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul an “Amended Decision after Fair Hearing” (hereafter, amended determination) of respondent Commissioner of the New York State Department of Health (DOH) denying her application for Medicaid coverage on the ground that it was issued more than 90 days after her request for a fair hearing. We conclude that Supreme Court erred in granting the petition.

The record establishes that petitioner’s initial application for Medicaid was denied, and that petitioner requested a fair hearing on June 14, 2007. The fair hearing…

2Cases cited4 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. Grossman v. RankinNew York Court of Appeals · 1977
  3. Gomolisky v. DavisIndiana Court of Appeals · 1999
  4. City of New York v. NovelloAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by2 opinions

  1. Dickinson v. DainesNew York Court of Appeals · 2010
  2. Giambrone v. GrannisAppellate Division of the Supreme Court of the State of New York · 2011

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