Bensman v. Weiner

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [John A. Michalek, J], entered March 15, 2006) to review a determination denying petitioner’s application for Medicaid benefits for decedent.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum: In August 2002, petitioner’s decedent became a resident of a nursing facility in Amherst, New York. On October 11, 2002, decedent’s…