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MATTER OF RICKENBACKER v. TOIA

68 A.D.2d 871 (1979)

In the Matter of Ernest Rickenbacker, Respondent, v. Philip L. Toia, as Commissioner of The New York State Department of Social Services, Appellant, and J. Henry Smith, as Commissioner of The New York City Department of Social Services, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 29, 1979

Petitioner applied for medical assistance authorization for himself and his family in connection with a medical bill arising out of his wife's hospitalization. The New York City Department of Social Services (Agency) determined that petitioner was responsible for payment of the bill to the extent of $620.68. That sum was arrived at by finding pursuant to section 366 of the Social Services Law that petitioner had a monthly excess income of $103.44 and then applying the requirement...

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