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MTR. OF GLOSENGER v. PERALES

190 A.D.2d 436 (1993)

In the Matter of Richard Glosenger, Respondent-Appellant, v. Cesar Perales, as Commissioner of New York State Department of Social Services, Appellant-Respondent, et al., Respondent

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

June 24, 1993

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Clifford A. Royael and Peter H. Schiff of counsel), for appellant-respondent.

Chemung Neighborhood Legal Services, Inc., Elmira (Philip J. Barton of counsel), for respondent-appellant.

Kevin Mosher, Elmira, for David Clovsky, respondent.

MIKOLL, YESAWICH JR., CREW III and CASEY, JJ., concur.

WEISS, P. J.

In March 1991, petitioner was 60 years of age and totally disabled. He had a fixed monthly income consisting of Social Security Disability benefits of $711.90 and $51.90 from his employment pension, totaling $763.80. For medical assistance (Medicaid) purposes he was permitted to deduct a $32.90 monthly Medicare premium and a $20 set aside, leaving him a net monthly unearned income of $710.90. Petitioner...

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