*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1193

TP 11-00951

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, GREEN, AND GORSKI, JJ. IN THE MATTER OF ARLINE C. WELLS,

BY HER ATTORNEY-IN-FACT, WINENE H.

ZIMMERMAN, PETITIONER,

V ORDER MONROE COUNTY DEPARTMENT OF SOCIAL SERVICES,

ALSO KNOWN AS MONROE COUNTY DIVISION OF SOCIAL

SERVICES, BY KELLY REED, COMMISSIONER, AND

RICHARD F. DAINES, M.D., COMMISSIONER,

NEW YORK STATE DEPARTMENT OF HEALTH, RESPONDENTS.

MCCONVILLE, CONSIDINE, COOMAN & MORIN, P.C., ROCHESTER (KEVIN S. COOMAN OF COUNSEL), FOR PETITIONER.

DAVID VAN VARICK, COUNTY ATTORNEY, ROCHESTER (MARK E. MAVES OF COUNSEL), FOR RESPONDENT MONROE COUNTY DEPARTMENT OF SOCIAL SERVICES, ALSO KNOWN AS MONROE COUNTY DIVISION OF SOCIAL SERVICES, BY KELLY REED, COMMISSIONER.

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (VICTOR PALADINO OF COUNSEL), FOR RESPONDENT RICHARD F. DAINES, M.D., COMMISSIONER, NEW YORK STATE DEPARTMENT OF HEALTH. 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, Monroe County [Ann Marie Taddeo, J.], entered May 5, 2011) to review a determination of respondents. The determination imposed a penalty period of 33.82 months on petitioner’s Medicaid application.

Now, upon reading and filing the stipulation discontinuing action signed by the attorneys for the parties on June 7, 2011,

It is hereby ORDERED that said proceeding is unanimously dismissed without costs upon stipulation.

Entered: November 10, 2011 Patricia L. Morgan

Clerk of the Court