MATTER OF WATKINS v. TOIA


46 N.Y.2d 773 (1978)

In the Matter of William Watkins, Respondent, v. Philip Toia, as Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1978.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Maryellen Weinberg and Samuel A. Hirshowitz of counsel), for appellant.

Douglass J. Seidman, Leonard S. Clark and Charles Robert for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in a memorandum.


MEMORANDUM.

Judgment affirmed, with costs. Section 366 of the Social Services Law precipitates a conundrum, like some ancient riddle, to which no one, including the parties, can offer a satisfactory logical resolution. This much is evident, however: Under the applicable formula of paragraph (c) of subdivision 2 petitioner is entitled to Medicaid reimbursement for medical costs in excess of $838.56, the formula amount by which...

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