MATTER OF MACHESKI v. COMM'R OF NEW YORK STATE DEP'T OF SOC SERVS.


243 A.D.2d 1025 (1997)

663 N.Y.S.2d 438

In the Matter of Cecelia Macheski, Petitioner, v. Commissioner of New York State Department of Social Services et al., Respondents

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

October 30, 1997


Carpinello, J.

Petitioner, an elderly woman suffering from dementia and Alzheimer's disease, challenges a determination by respondent State Commissioner of Social Services, made after a fair hearing, to discontinue her medical assistance benefits because her household income had excess resources in the amount of $18,026.46. The instant CPLR article 78 proceeding having been transferred to this Court, we now confirm.

It is undisputed that petitioner...

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