Matter of Wells v Monroe County Dept. of Social Servs.
2011 NY Slip Op 08037 [89 AD3d 1463]
November 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4th, 2012


In the Matter of Arline C. Wells, by Her Attorney-in-fact, Winene H. Zimmerman, Petitioner,
v
Monroe County Department of Social Services, Also Known as Monroe County Division of Social Services, by Kelly Reed, Commissioner, et al., Respondents.

—[*1] McConville, Considine, Cooman & Morin, P.C., Rochester (Kevin S. Cooman of counsel), for petitioner.

David Van Varick, County Attorney, Rochester (Mark E. Maves of counsel), for respondent Monroe County Department of Social Services, Also Known as Monroe County Division of Social Services, by Kelly Reed, Commissioner.

Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for respondent Richard F. Daines, M.D., Commissioner, New York State Department of Health.

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, Monroe County [Ann Marie Taddeo, J.], entered May 5, 2011) to review a determination of respondents. The determination imposed a penalty period of 33.82 months on petitioner's Medicaid application.

Now, upon reading and filing the stipulation discontinuing action signed by the attorneys for the parties on June 7, 2011,

It is hereby ordered that said proceeding is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Fahey, Peradotto, Green and Gorski, JJ.