Legal Opinion
Tarrytown Hall Care Center v. McGuire
Appellate Division of the Supreme Court of the State of New York
Decided April 16, 2014Published
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Health dated December 20, 2011, which, after a fair hearing, confirmed a determination of the Westchester County Department of Social Services dated September 2, 2010, denying the petitioner’s application for an undue hardship exception to Medicaid ineligibility pursuant to 18 NYCRR 360-4.4.
Adjudged that the petition is granted, on the law, with costs, the determination dated December 20, 2011, is annulled, and matter is remitted to the New York State Department of Health…
2Cases cited9 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Loiacono v. DemarzoAppellate Division of the Supreme Court of the State of New York · 2010
- Rogers v. NovelloAppellate Division of the Supreme Court of the State of New York · 2006
- Gabrynowicz v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2007
- Campbell v. Comnissioner of New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2005
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