MATTER OF VAILES v. D'ELIA


54 N.Y.2d 663 (1981)

In the Matter of Diane Vailes, on Behalf of Herself and Her Three Minor Children, Appellant, v. Joseph D'Elia, as Commissioner of the Nassau County Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 30, 1981.


Attorney(s) appearing for the Case

Kathleen Whelan, Leonard S. Clark and Richard Gabrielle for appellant.

Robert Abrams, Attorney-General (Clifford A. Royael and Shirley Adelson Siegel of counsel), for State Commissioner of Social Services, respondent.

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


MEMORANDUM.

The order of the Appellate Division should be reversed insofar as appealed from, with costs, and the determination of the State Commissioner of Social Services annulled.

In this case, the Commissioner of Social Services has calculated the income exemption of Medicaid applicants — i.e., the amount of income which is exempt for Medicaid eligibility purposes — by counting as members of the household...

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