Appellate Division of the Supreme Court of the State of New York December 30, 2009 (Dickinson v. Daines)

lead-opinion

*1647Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul an “Amended Decision after Fair Hearing” (hereafter, amended determination) of respondent Commissioner of the New York State Department of Health (DOH) denying her application for Medicaid coverage on the ground that it was issued more than 90 days after her request for a fair hearing.