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In the Matter of Theodore J. Usatynski, As Voluntary v. Richard F. Daines

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


July 1, 2011

IN THE MATTER OF THEODORE J. USATYNSKI, AS VOLUNTARY
ADMINISTRATOR OF THE ESTATE OF THEODORE W. USATYNSKI, DECEASED,
PETITIONER,
v.
RICHARD F. DAINES, M.D., COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH, ELIZABETH R. BERLIN, EXECUTIVE
DEPUTY COMMISSIONER, NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, AND DAVID SUTKOWY,
COMMISSIONER, ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES,
RESPONDENTS.

Matter of Usatynski v Daines

Decided on July 1, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND GORSKI, JJ.

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, Onondaga County [Anthony J. Paris, J.], entered November 18, 2010) to review a decision after fair hearing of the New York State Office of Temporary and Disability Assistance. The decision, among other things, confirmed the determination of the Onondaga County Department of Social Services denying an application made on behalf of Theodore W. Usatynski for Medicaid benefits.

It is hereby ORDERED that said proceeding is unanimously dismissed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the decision after a fair hearing that confirmed the determination of the Onondaga County Department of Social Services (DSS) denying his application on behalf of his father (decedent) for Medicaid benefits. During the pendency of this appeal, respondents Richard F. Daines, M.D., Commissioner, New York State Department of Health, and Elizabeth R. Berlin, Executive Deputy Commissioner, New York State Office of Temporary and Disability Assistance, advised this Court that the determination of DSS has been withdrawn and that DSS was directed to redetermine decedent's eligibility for Medicaid benefits. Thereafter, petitioner's counsel advised this Court that DSS determined that petitioner was eligible for Medicaid benefits. Thus, " petitioner has received all the relief to which he is entitled and is no longer aggrieved, [and] the proceeding is dismissed as moot' " (Matter of Mahagan v New York State Dept. of Health, 53 AD3d 1118, 1119; see Matter of Wellman v Surles, 185 AD2d 464, 466).

Entered: July 1, 2011

Patricia L. Morgan Clerk of the Court

20110701

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