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MTR OF GOMPRECHT v. GOMPRECHT

86 N.Y.2d 47 (1995)

652 N.E.2d 936

629 N.Y.S.2d 190

In the Matter of Marilyn Gomprecht, Respondent, v. Gustav Gomprecht, Respondent, and Barbara Sabol, as Commissioner of Social Services of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided June 29, 1995.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Trudi Mara Schleifer and Barry P. Schwartz of counsel), for appellant.

Epstein Becker & Green, P. C., New York City (Peter J. Strauss and Richard J. Anderson of counsel), for Marilyn Gomprecht, respondent.

Reynerio E. Muradaz, Brooklyn, for New York City Chapter of the Alzheimer's Disease and Related Disorders Association, Inc., amicus curiae.

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

SMITH, J.

At the time of her petition for support from her husband, brought pursuant to Family Court Act § 412, petitioner's husband was institutionalized and receiving Medicaid. The issue here is whether in an action for spousal support by a community spouse against an institutionalized spouse, the Family Court is free to apply the prior standard of living or life-style standard rather than the minimum monthly...

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