MATTER OF SCHACHNER v. PERALES


203 A.D.2d 21 (1994)

609 N.Y.S.2d 241

In the Matter of Erwin Schachner et al., Appellants, v. Cesar Perales, as Social Services Commissioner of The State of New York, et al., Respondents

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

April 5, 1994


Petitioners failed to demonstrate exceptional circumstances for the period in question sufficient to require the local social services agency to deviate from the standard "community spouse monthly income allowance". Pursuant to Social Services Law § 366-c (8) (b), the local agency is permitted to allocate more of the institutionalized spouse's income to the community spouse "[i]f either spouse establishes that the community...

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