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In the Matter of Arline C. Wells, By Her Attorney-In-Fact, Winene H. Zimmerman, Petitioner v. Monroe County Department of Social Services

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


November 10, 2011

IN THE MATTER OF ARLINE C. WELLS, BY HER ATTORNEY-IN-FACT, WINENE H. ZIMMERMAN, PETITIONER,
v.
MONROE COUNTY DEPARTMENT OF SOCIAL SERVICES, ALSO KNOWN AS MONROE COUNTY DIVISION OF
SOCIAL SERVICES, BY KELLY REED, COMMISSIONER, AND RICHARD F. DAINES, M.D., COMMISSIONER,
NEW YORK STATE DEPARTMENT OF HEALTH, RESPONDENTS.

Matter of Wells v Monroe County Dept. of Social Servs.

Decided on November 10, 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: CENTRA, J.P., FAHEY, PERADOTTO, GREEN, 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, Monroe County [Ann Marie Taddeo, J.], entered May 5, 2011) to review a determination of respondents. The determination imposed a penalty period of 33.82 months on petitioner's Medicaid application.

Now, upon reading and filing the stipulation discontinuing action signed by the attorneys for the parties on June 7, 2011,

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

Entered: November 10, 2011

Patricia L. Morgan Clerk of the Court

20111110

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