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MATTER OF HOWARD v. NEW YORK STATE DEP'T OF SOC SERVS.

142 A.D.2d 773 (1988)

In the Matter of May Howard, on Behalf of Peter Howard, Deceased, Respondent, v. New York State Department of Social Services, Appellant, et al., Respondent

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

July 7, 1988

Levine, J.

This CPLR article 78 proceeding was brought by petitioner to challenge determinations of respondents, the State Department of Social Services (hereinafter SDSS) and the Tioga County Department of Social Services, which denied her now deceased husband's application for retroactive medical assistance without first applying what is known as a "resource spend-down" to determine his eligibility. New York permitted a resource spend-down until receiving...

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