| Matter of Green v Novello |
| 2005 NY Slip Op 07098 [21 AD3d 1443] |
| Decided on September 30, 2005 |
| 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. |
Decided on September 30, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, J.P., MARTOCHE, SMITH, PINE, AND HAYES, JJ.
1031.1 TP 04-02225
[*1]MATTER OF GUY GREEN, PETITIONER, ORDER
v
ANTONIA C. NOVELLO, AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH, RESPONDENT.
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 P. Lane, J.], entered September 27, 2004) to review a determination of respondent. The determination denied petitioner's request for Medicaid funding for the purchase of a power wheelchair.
NEIGHBORHOOD LEGAL SERVICES, INC., BUFFALO (DIANA M. STRAUBE OF COUNSEL), FOR PETITIONER.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (EVELYN M. TENENBAUM OF COUNSEL), FOR RESPONDENT.
Now, upon reading and filing the stipulation of settlement signed by the attorneys for the parties on May 18 and 20, 2005,
It is hereby ORDERED that said proceeding be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: September 30, 2005
JoAnn M. Wahl
Clerk of the Court