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  5. 85 N.Y.2d 316 (1995)
 

MTR. OF SCHACHNER v. PERALES

85 N.Y.2d 316 (1995)

648 N.E.2d 1321

624 N.Y.S.2d 558

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

Court of Appeals of the State of New York.

Decided March 28, 1995.

Attorney(s) appearing for the Case

Jonathan Ben-Asher, New York City, and Wayne G. Hawley for appellants.

Dennis C. Vacco, Attorney-General, New York City (Robert F. Bacigalupi, Victoria A. Graffeo, Harvey M. Berman and Judy E. Nathan of counsel), for Cesar Perales, respondent.

Paul A. Crotty, Corporation Counsel of New York City (Trudi Mara Schleifer, Leonard Koerner, Barry P. Schwartz and Alan G. Krams of counsel), for Barbara Sabol, respondent.

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

SIMONS, J.

Under a 1988 amendment to the Medicaid program, the financially dependent spouse of an individual who is institutionalized for long-term, Medicaid-subsidized medical care is entitled to a minimum monthly maintenance allowance awarded from the income of the institutionalized spouse. The minimum allowance is set by statute but must be increased upon a showing of exceptional circumstances resulting in...

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