—[*1] Legal Services for the Elderly, Disabled or Disadvantaged of Western New York, Inc., Buffalo (Anthony H. Szczygiel of counsel), for petitioner.

Eric T. Schneiderman, Attorney General, Albany (Kate H. Nepveu of counsel), for respondents Nirav R. Shah, Commissioner, New York State Department of Health and Elizabeth Berlin, Acting Commissioner, Office of Administrative Hearings, 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, Erie County [John F. O'Donnell, J.], entered April 2, 2012) to review a determination of New York State Department of Health. The determination found that petitioner was permanently absent and subject to Chronic Care budgeting status effective August 1, 2010.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed for reasons stated in the decision of New York State Department of Health. Present—Scudder, P.J., Centra, Carni, Lindley and Sconiers, JJ.