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In the Matter of Eleonora

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 2005
19 A.D.3d 593 (N.Y. App. Div. 2005)

Opinion

2004-04152.

June 20, 2005.

In a proceeding pursuant to CPLR article 78, in effect, to review a determination of the State of New York Department of Health, dated May 16, 2003, which, after a fair hearing, denied the petitioner's application for reimbursement of certain medical expenses, the petitioner appeals from a judgment of the Supreme Court, Queens County (Golar, J.), dated April 16, 2004, which, in effect, denied the petition and dismissed the proceeding.

Sikorska Eleonora, Rockaway Park, N.Y., appellant pro se. Eliot Spitzer, Attorney-General, New York, N.Y. (Robert H. Easton and Thomas B. Litsky of counsel), for respondent.

Before: Krausman, J.P., Mastro, Rivera and Spolzino, JJ., concur.


Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the petitioner's contention, the Supreme Court properly dismissed the proceeding for failure to effect proper service of the notice of petition ( see CPLR 403 [c]; 307; Matter of Rosenberg v. New York State Bd. of Regents, 2 AD3d 1003; Matter of Kelly v. Scully, 152 AD2d 698).


Summaries of

In the Matter of Eleonora

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 2005
19 A.D.3d 593 (N.Y. App. Div. 2005)
Case details for

In the Matter of Eleonora

Case Details

Full title:In the Matter of SIKORSKA ELEONORA, Appellant, v. NEW YORK STATE OFFICE OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 20, 2005

Citations

19 A.D.3d 593 (N.Y. App. Div. 2005)
796 N.Y.S.2d 555