Opinion
December 3, 1984
Appeal from the Supreme Court, Nassau County (Becker, J.).
Order and judgment reversed, insofar as appealed from, on the law, without costs or disbursements, proceeding converted into a plenary action by the Community Hospital at Glen Cove, as plaintiff, against the Nassau County Department of Social Services, as defendant, and, as such the action is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith. The action is dismissed as to the respondent State Commissioner. The Community Hospital at Glen Cove is granted leave to serve an amended complaint and its time to do so is extended until 20 days after service upon it of a copy of the order to be made hereon, with notice of entry.
Special Term correctly found that neither Maria Rubio nor Community Hospital at Glen Cove had standing to pursue the administrative process in connection with the application for medical assistance on Georgina Calderon's behalf (see Matter of North Shore Univ. Hosp. v. D'Elia, 71 A.D.2d 991). However, the petitioner medical services provider is entitled to bring a plenary action in its own right against the government agency designated to declare ineligibility (see New York Hosp. v Krauskopf, 98 A.D.2d 667; Calvary Hosp. v. D'Elia, 95 A.D.2d 817; Matter of North Shore Univ. Hosp. v. D'Elia, supra). Gibbons, J.P., Thompson, Boyers and Lawrence, JJ., concur.