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.