Opinion
TP 04-02225.
Decided September 30, 2005.
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 P. Lane, J.], entered September 27, 2004) to review a determination of respondent. The determination denied petitioner's request for Medicaid funding for the purchase of a power wheelchair.
NEIGHBORHOOD LEGAL SERVICES, INC., BUFFALO (DIANA M. STRAUBE OF COUNSEL), FOR PETITIONER.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (EVELYN M. TENENBAUM OF COUNSEL), FOR RESPONDENT.
Before: PRESENT: SCUDDER, J.P., MARTOCHE, SMITH, PINE, AND HAYES, JJ.
ORDER
Now, upon reading and filing the stipulation of settlement signed by the attorneys for the parties on May 18 and 20, 2005,
It is hereby ORDERED that said proceeding be and the same hereby is unanimously dismissed without costs upon stipulation.