Kane v. Parry

In the above-entitled article 78 proceedings, consolidated for the purpose of this decision, petitioners seek a judgment (a) declaring that said petitioners’ Medicaid benefits for nursing home care are being discontinued by respondents without notice or opportunity for a fair hearing as required by 18 NYCRR 358.4(a)(4), (b) directing respondents to afford petitioners the opportunity to have a fair hearing, (c) enjoining respondents from removing the petitioners from Doan’s Nursing Home pending the determination of said fair hearing, and (d) directing the State Department of Social Services to…