Opinion
2001-08829
Submitted November 18, 2002.
December 16, 2002.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Department of Health of the State of New York, dated December 5, 2000, which, after a hearing, sustained a determination of the respondent Rockland County Department of Social Services denying medical assistance benefits to the deceased, Philip Rossman.
Klein Klein, P.C., Suffern, N.Y. (Michael L. Klein of counsel), for petitioner.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Thomas B. Litsky of counsel), for respondent Antonia C. Novella, as New York State Commissioner of Health.
Carol L. Barbash, Pomona, N.Y., for respondent Joseph Holland, as Commissioner of Rockland County Department of Social Services.
Before: FRED T. SANTUCCI, J.P., SANDRA L. TOWNES, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
The determination of the Commissioner of the Department of Health of the State of New York, made after a hearing, sustaining the determination of the Rockland County Department of Social Services denying medical assistance benefits to Philip Rossman due to a failure to provide certain relevant information, is supported by substantial evidence (see Green Manor Assocs. v. Beaudoin, 285 A.D.2d 807, 809; Matter of Frohlinger v. DeBuono, 278 A.D.2d 323, 324; Matter of Neunie v. Perales, 193 A.D.2d 681).
SANTUCCI, J.P., TOWNES, CRANE and RIVERA, JJ., concur.