Opinion
October 26, 1998
Appeal from the Supreme Court, Nassau County (O'Connell, J.).
Ordered that the judgment is affirmed, with costs.
In 1990, the New York State Legislature amended Social Services Law § 366, inter alia, by eliminating court-ordered support payments as an income exemption when assessing Medicaid eligibility and requiring that all income and resources not specified as exempt be applied toward the payment or partial payment of medical care ( see, Social Service Law § 366 [a] [7]). Accordingly, the New York State Department of Social Services correctly included the petitioner's court-ordered support payment in calculating his available income for Medicaid eligibility purposes, and its determination that the petitioner was required to contribute $2,850 to the cost of his medical care, effective April 1995, was not arbitrary, capricious, or an abuse of discretion ( see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176; Himes v. Shalala, 999 F.2d 684).
O'Brien, J. P., Joy, Krausman and Goldstein, JJ., concur.