Bosco v. McGuire, 111 A.D.3d 931 (N.Y. App. Div. 2013). · Go Syfert
Bosco v. McGuire, 111 A.D.3d 931 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Gur-Arie v. Zucker (nyappdiv, 2026-05-27)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Gur-Arie v. Zucker
N.Y. App. Div. · 2026 · confidence medium
The commissioner of the OTDA is not a proper party to this proceeding because he did not render the final determination under review ( see Matter of Gurariy v Zucker , 196 AD3d 574, 576; Matter of Bosco v McGuire , 111 AD3d 931, 933).
discussed Cited as authority (rule) Matter of Estate of Gerhardt Wise v. New York State Dept. of Health
N.Y. App. Div. · 2026 · confidence medium
The evidence demonstrated that documentation concerning a life insurance policy was not provided for the processing of the application in a timely manner ( see Matter of Pagnani v Suffolk County Dept. of Social Servs. , 152 AD3d at 696 ; Matter of Bosco v McGuire , 111 AD3d at 932).
discussed Cited as authority (rule) Matter of Basile v. New York State Off. of Temporary & Disability Assistance
N.Y. App. Div. · 2024 · confidence medium
Given that the state respondents did not render the determination under review, dismissal as against them was warranted ( see Matter of Gurariy v Zucker , 196 AD3d 574, 576 [2d Dept 2021]; Matter of Bosco v McGuire , 111 AD3d 931, 933 [2d Dept 2013]).
discussed Cited as authority (rule) Matter of Pagnani v. Suffolk County Dept. of Social Servs.
N.Y. App. Div. · 2017 · confidence medium
In reviewing a Medicaid eligibility determination made after a fair hearing, the court must review the record, as a whole, to determine if the agency’s decisions are supported by substantial evidence (see Matter of Bosco v McGuire, 111 AD3d 931, 932 [2013]).
discussed Cited "see" Matter of Ferretti v. New York State Div. of Criminal Justice Servs. (2×)
N.Y. App. Div. · 2025 · signal: see · confidence high
Dept. , 241 AD3d 57, 62 [3d Dept 2025] [internal quotation marks, brackets and citations omitted]; see Matter of Bosco v McGuire , 111 AD3d 931, 933 [2d Dept 2013]).
Retrieving the full opinion text from the archive…
In the Matter of Vincent Bosco, as of Frank Bosco
v.
Kevin McGuire, as Commissioner of the Westchester County Department of Social Services, and Nirav Shah, M.D., as Commissioner of the Department of Health of the State of New York
Appellate Division of the Supreme Court of the State of New York.
Nov 27, 2013.
111 A.D.3d 931
Cited by 9 opinions  |  Published

[*932] Proceeding pursuant to CPLR article 78 to review a determination of a designee of the Commissioner of the Department of Health of the State of New York dated December 3, 2010, which, after a fair hearing pursuant to Social Services Law § 22, affirmed a determination of the Westchester County Department of Social Services dated February 17, 2010, that the petitioner’s decedent, Frank Bosco, was ineligible for Medicaid benefits due to the decedent’s failure to submit proper documentation.

Adjudged that the determination is confirmed, the petition is denied insofar as asserted against Nirav Shah, M.D., as Commissioner of the Westchester County Department of Social Services, the Department of Health of the State of New York, and the Westchester County Department of Social Services, the petition is dismissed insofar as asserted against the New York State Office of Temporary and Disability Assistance, the proceeding is dismissed on the merits insofar as asserted against Nirav Shah, M.D., as Commissioner of the Westchester County Department of Social Services, the Department of Health of the State of New York, and the Westchester County Department of Social Services, and the proceeding is dismissed for failure to state a cause of action against the New York State Office of Temporary and Disability Assistance, with costs.

In reviewing a Medicaid eligibility determination made after a fair hearing, the court must review the record, as a whole, to determine if the agency’s decisions are supported by substantial evidence (see Matter of Stanley B. v Shah, 103 AD3d 890 [2013]). “Substantial evidence means such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact. The petitioner bears the burden of demonstrating eligibility” (Matter of Loiacono v Demarzo, 72 AD3d 969, 969-970 [2010] [citation and internal quotation marks omitted]).

Here, the determination of the Department of Health of the State of New York that the petitioner’s decedent failed, without good cause, to provide in a timely manner documents necessary for the processing of the decedent’s application is supported by substantial evidence (cf. Matter of Estate of Daniell v Demarzo, 74 AD3d 1063, 1063 [2010]; Matter of Estate of Eichna v Demarzo, 52 AD3d 513, 513 [2008]). Contrary to the petitioner’s contention, the Westchester County Department of Social Services was not required to conduct a collateral investigation under the circumstances of this case (see Matter of Niosi v Blass, 94 AD3d 892, 893 [2012]; Matter of LoBlanco v Hansell, 83 AD3d 1072, 1073 [2011]; Green Manor Assoc. v Beaudoin, 285[*933] AD2d 807, 808-809 [2001]; Matter of Chase v New York State Dept. of Social Servs., 252 AD2d 612, 614 [1998]), and the decedent did not meet the criteria for undue hardship set forth in 18 NYCRR 360-4.10 (a) (12). The petitioner’s remaining contentions are similarly without merit. Accordingly, the determination must be confirmed.

Additionally, the New York State Office of Temporary and Disability Assistance (hereinafter OTDA) is not a proper party to this proceeding. The OTDA did not render the determination denying the decedent’s Medicaid application (see Matter of La Russo v Neuringer, 105 AD3d 743, 744 [2013]; Matter of Navaretta v Town of Oyster Bay, 72 AD3d 823, 826 [2010]), and the petitioner does not seek any relief from that entity. Accordingly, the proceeding must be dismissed insofar as asserted against the ODTA. Rivera, J.E, Dillon, Roman and Miller, JJ., concur.