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GOLF v. DEPT OF SOC SERVS

91 N.Y.2d 656 (1998)

697 N.E.2d 555

674 N.Y.S.2d 600

In the Matter of Eileen Golf, as Administratrix of The Estate of Floyd Golf, Deceased, Respondent, v. New York State Department of Social Services et al., Appellants.

Court of Appeals of the State of New York.

Decided April 2, 1998.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Victor Paladino, Barbara G. Billet and Peter H. Schiff of counsel), for New York State Department of Social Services, appellant.

Charles S. Turner, County Attorney of Monroe County, Rochester (James A. Robinson of counsel), for Monroe County Department of Social Services, appellant.

Heim, Koldin & Levine, P. C., East Syracuse (Benjamin D. Levine of counsel), for respondent.

MacKrell, Rowlands, Premo & Pierro, P. C., Albany (Louis W. Pierro and Edward V. Wilcenski of counsel), and Robert, Lerner & Robert, Rockville Centre (Charles Robert and Joan L. Robert of counsel), for Long Island Alzheimer's Foundation, amicus curiae.

Chief Judge KAYE and Judges TITONE, LEVINE, CIPARICK and WESLEY concur with Judge SMITH; Judge BELLACOSA dissents and votes to affirm in a separate opinion.

SMITH, J.

The question presented by this appeal concerns the construction of State and Federal statutory provisions relating to Medicaid and the reasonableness of the method utilized by the Monroe County Department of Social Services (DSS) to determine the eligibility for Medicaid of an institutionalized spouse. Specifically at issue is the decision to utilize the "income first" method rather than the "resource...

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