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MATTER OF BURK v. BLUM

54 N.Y.2d 665 (1981)

In the Matter of William Burk, Individually and on Behalf of His Dependent Spouse, Irene Burk et al., Appellants, v. Barbara Blum, as Commissioner of the New York State 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

Richard Peyton Whiteley for appellants.

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, with costs, and the determination of the State Commissioner of Social Services annulled.

It was impermissible for the commissioner to include petitioners' self-supporting adult child as a member of the household for Medicaid eligibility purposes (Matter of Vailes v D'Elia, 54 N.Y.2d 663

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