Opinion
No. 2007-04585.
October 14, 2008.
In a proceeding, inter alia, pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Health, by his designee, dated May 31, 2006, which, after a hearing, found that the failure of the New York State Office of Mental Health to determine the petitioner's eligibility for the Medicare Savings Program was correct, the petitioner appeals from a judgment of the Supreme Court, Nassau County (O'Connell, J.) entered April 3, 2007, which denied the petition and dismissed the proceeding for failure to state a cause of action.
Andrew M. Cuomo, Attorney General, New York, N.Y. (Michael S. Belohlavek and Carol Fisher of counsel), for respondents.
Before: Rivera, J.P., Dillon, Covello and Angiolillo, JJ.
Ordered that the judgment is affirmed, without costs or disbursements.
Contrary to the petitioner's contention, the Supreme Court properly denied the petition and dismissed the proceeding ( see CPLR 7803, [3]).