USATYNSKI, THEODORE J. v. DAINES, M.D., RICHARD F.

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 1, 2011
• Docket: TP 11-00134
• Status: Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 722 TP 11-00134 PRESENT: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND GORSKI, JJ.

IN THE MATTER OF THEODORE J. USATYNSKI, AS VOLUNTARY ADMINISTRATOR OF THE ESTATE OF THEODORE W. USATYNSKI, DECEASED, PETITIONER,

V MEMORANDUM AND ORDER

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.

MANNION & COPANI, SYRACUSE (ANTHONY F. COPANI OF COUNSEL), FOR PETITIONER.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR 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.

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 -2- 722 TP 11-00134

withdrawn and that DSS was directed to redetermine decedent’s eligibility for Medicaid benefits.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