Matter of Gist v Cusak
2007 NY Slip Op 08632 [45 AD3d 1388]
November 9, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


In the Matter of Marilyn Gist, Petitioner, v Joan Cusak et al., Respondents.

—[*1] Clarence Q. Johnson, Syracuse, for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Marlene O. Tuczinski of counsel), for respondents.

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 [Deborah H. Karalunas, J.], entered October 12, 2006) to review a determination of respondents. The determination denied petitioner's application for benefits to pay for the funeral expenses of her son.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed. Present—Hurlbutt, J.P., Gorski, Martoche, Lunn and Peradotto, JJ.