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In the Matter of Josefine Laratonda, Petitioner v. Carol Dankert

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


February 1, 2013

IN THE MATTER OF JOSEFINE LARATONDA, PETITIONER,
v.
CAROL DANKERT, COMMISSIONER, ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, NIRAV R. SHAH, COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH, AND ELIZABETH BERLIN, ACTING COMMISSIONER, OFFICE OF ADMINISTRATIVE HEARINGS, NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE, RESPONDENTS.

Matter of Laratonda v Dankert

Released on February 1, 2013

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: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND SCONIERS, 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, Erie County [John F. O'Donnell, J.], entered April 2, 2012) to review a determination of New York State Department of Health. The determination found that petitioner was permanently absent and subject to Chronic Care budgeting status effective August 1, 2010.

LEGAL SERVICES FOR THE ELDERLY, DISABLED OR DISADVANTAGED OF WESTERN NEW YORK, INC., BUFFALO (ANTHONY H. SZCZYGIEL OF COUNSEL), FOR PETITIONER. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATE H. NEPVEU OF COUNSEL), FOR RESPONDENTS NIRAV R. SHAH, COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH, AND ELIZABETH BERLIN, ACTING COMMISSIONER, OFFICE OF ADMINISTRATIVE HEARINGS, NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.

It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed for reasons stated in the decision of New York State Department of Health.

Entered: February 1, 2013 Frances E. Cafarell Clerk of the Court

20130201

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