Appellate Division of the Supreme Court of the State of New York August 21, 2009 (Kinne v. New York State Department of Health)

— Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme *825Court in the Fourth Judicial Department by order of the Supreme Court, Oneida County [Bernadette T. Romano, J.], entered June 3, 2008) to review a determination of respondent. The determination found after a fair hearing that petitioner was currently ineligible for medical assistance benefits.