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Eleonora v. New York State Office of Temporary & Disability Assistance

19 A.D.3d 593, 796 N.Y.S.2d 555, 2005 N.Y. App. Div. LEXIS 6879
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 20, 2005
StatusPublished

This text of 19 A.D.3d 593 (Eleonora v. New York State Office of Temporary & Disability Assistance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eleonora v. New York State Office of Temporary & Disability Assistance, 19 A.D.3d 593, 796 N.Y.S.2d 555, 2005 N.Y. App. Div. LEXIS 6879 (N.Y. Ct. App. 2005).

Opinion

In a proceeding pursuant to CPLR article 78, in effect, to review a determination of the State of New York Department of Health, dated May 16, 2003, which, after a fair hearing, denied the petitioner’s application for reimbursement of certain medical expenses, the petitioner appeals from a judgment of the Supreme Court, Queens County (Golar, J.), dated April 16, 2004, which, in effect, denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the petitioner’s contention, the Supreme Court properly dismissed the proceeding for failure to effect proper service of the notice of petition (see CPLR 403 [c]; 307; Matter of Rosenberg v New York State Bd. of Regents, 2 AD3d 1003 [2003]; Matter of Kelly v Scully, 152 AD2d 698 [1989]). Krausman, J.P., Mastro, Rivera and Spolzino, JJ., concur.

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Related

Rosenberg v. New York State Board of Regents
2 A.D.3d 1003 (Appellate Division of the Supreme Court of New York, 2003)
Kelly v. Scully
152 A.D.2d 698 (Appellate Division of the Supreme Court of New York, 1989)

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Bluebook (online)
19 A.D.3d 593, 796 N.Y.S.2d 555, 2005 N.Y. App. Div. LEXIS 6879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eleonora-v-new-york-state-office-of-temporary-disability-assistance-nyappdiv-2005.