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MATTER OF MARZEC v. DEBUONO

266 A.D.2d 820 (1999)

697 N.Y.S.2d 788

In the Matter of RAYMOND MARZEC, on Behalf of Himself and All Others Similarly Situated, Respondent, v. BARBARA A. DEBUONO, as Commissioner of New York State Department of Health, et al., Appellants, et al., Respondent.

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

Decided November 12, 1999.

Judgment affirmed with costs.

Memorandum:

Supreme Court properly granted the petition challenging the determination of petitioner's financial eligibility to receive medical assistance (MA) benefits under Medicaid. Petitioner does not dispute the calculations of his household size or the amount of his income and resources during the period for which his eligibility was determined (see, 18 NYCRR 360-4.1 [b] [1] [i], [ii]). Rather, petitioner commenced...

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