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MATTER OF FITZGERALD v. HACKETT

161 A.D.2d 1128 (1990)

In the Matter of James Fitzgerald et al., Appellants, v. Ronald Hackett, as Commissioner of The Cattaraugus County Department of Social Services, et al., Respondents

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

May 11, 1990

Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum:

In Wilson v Hackett (152 A.D.2d 1018), this court affirmed a judgment holding that the "aid and attendance" allowance portion of a Veterans' Administration improved pension (VAIP) may be included as income for the purpose of computing the posteligibility budget and individual contributions required of a Medicaid recipient. Petitioners...

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