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MATTER OF GLOSENGER v. PERALES

83 N.Y.2d 984 (1994)

639 N.E.2d 1127

616 N.Y.S.2d 330

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

Court of Appeals of the State of New York.

Decided July 5, 1994.

Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, Albany (Victor Paladino, Jerry Boone and Peter H. Schiff of counsel), for appellant-respondent.

Philip J. Barton, Elmira, for respondent-appellant.

Peter Vollmer, Freeport, amicus curiae.

Archibald R. Murray, Albany, and Gerald Norlander, Rensselaer, for New York State Bar Association, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, by dismissing the petition in its entirety and, as so modified, affirmed.

Petitioner, age 60 and disabled, had monthly income in 1991 of $763.80, consisting primarily of SSI disability benefits. Petitioner's income was the sole means of support for himself and his wife, then 58 years old and not disabled, who had no income of her own...

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