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CONRAD v. HACKETT

149 Misc.2d 56 (1990)

Kenneth Conrad et al., on Behalf of Themselves and All Others Similarly Situated, Petitioners, v. Ronald B. Hackett, as Commissioner of the Cattaraugus County Department of Social Services, et al., Respondents.

Supreme Court, Genesee County.

September 28, 1990

Attorney(s) appearing for the Case

William W. Berry for petitioners. Robert Abrams, Attorney-General (Shirley Troutman Howard of counsel), for Cesar A. Perales, as Commissioner of the New York State Department of Social Services, respondent. Mary M. Sullivan for Ronald B. Hackett, respondent.

GLENN R. MORTON, J.

Petitioners have originated this CPLR article 78 proceeding, as a class action, to review respondents' determination to deny allocation of the income of an institutionalized Medicaid recipient to the maintenance needs of his noninstitutionalized spouse, based upon the latter's available resources. The matter was initially heard at the March 19...

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