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

Appellate Division of the Supreme Court of New York

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

Appellate Division of the Supreme Court of the State of New York·Decided June 20, 2005·Published

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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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.

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).

Pincite

19 A.D.3d 593 (Eleonora v. New York State Office of Temporary & Disability Assistance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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