| Matter of Arseneau v Zucker |
| 2015 NY Slip Op 02339 [126 AD3d 1393] |
| March 20, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Barbara J. Arseneau, Petitioner, v Howard Zucker, Acting Commissioner, New York State Department of Health, et al., Respondents. |
Mannion & Copani, Syracuse (Anthony F. Copani of counsel), for petitioner.
Eric T. Schneiderman, Attorney General, Albany (Jonathan D. Hitsous 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 [Anthony J. Paris, J.], entered Sept. 9, 2014) to review a determination of respondent New York State Office of Temporary and Disability Assistance. The determination, among other things, adjudged that petitioner was not eligible under Medical Assistance for coverage of her nursing home expenses because she transferred assets for less than the fair market value.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 3 and 6, 2015,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, Lindley, Valentino and Whalen, JJ.