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Matter of Harvey v. Wing

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
258 A.D.2d 908 (N.Y. App. Div. 1999)

Opinion

February 10, 1999

Appeal from Judgment of Supreme Court, Erie County, Michalek, J. — CPLR art. 78.

Present — Denman, P. J., Pine, Pigott, Jr., Callahan and Balio, JJ.


Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: The utilization of the "income first" method rather than the "resource first" method to determine eligibility for Medicaid has been deemed "a reasonable interpretation of the relevant statutory provisions" ( Matter of Golf v. New York State Dept. of Social Servs., 91 N.Y.2d 656, 658). Thus, the determination after a fair hearing utilizing the "income first" method to determine petitioner's eligibility for Medicaid was proper, and Supreme Court erred in granting the petition and annulling the determination.


Summaries of

Matter of Harvey v. Wing

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
258 A.D.2d 908 (N.Y. App. Div. 1999)
Case details for

Matter of Harvey v. Wing

Case Details

Full title:In the Matter of ALMA HARVEY, Respondent, v. BRIAN J. WING, as Acting…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 10, 1999

Citations

258 A.D.2d 908 (N.Y. App. Div. 1999)
685 N.Y.S.2d 878