McManus v Berlin
2012 NY Slip Op 07252 [100 AD3d 1089]
November 1, 2012
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


Camille McManus, as Administrator of the Estate of Mary Vicidomini, Deceased, Appellant,
v
Elizabeth R. Berlin, as Executive Deputy Commissioner of the Office of Temporary and Disability Assistance, et al., Respondents.

[*1] Ruffo, Tabora, Mainello & McKay, Albany (Mark A. Mainello of counsel), for appellant.

Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for respondents.

Appeal from a judgment of the Supreme Court (Platkin, J.), entered June 10, 2011 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Health finding that petitioner had failed to establish an undue hardship for Medicaid eligibility purposes.

Judgment affirmed, upon the opinion of Justice Richard M. Platkin.

Mercure, J.P., Malone Jr., McCarthy, Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.