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MATTER OF HARVEY v. WING

258 A.D.2d 908 (1999)

685 N.Y.S.2d 878

In the Matter of ALMA HARVEY, Respondent, v. BRIAN J. WING, as Acting Commissioner of New York State Department of Social Services et al., Appellants.

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

Decided February 10, 1999.

Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

The utilization of the "income first" method rather than the "resource first" method to determine eligibility for Medicaid has been deemed "a reasonable interpretation of the relevant statutory provisions" (Matter of Golf v New York State Dept. of Social Servs., 91 N.Y.2d 656, 658). Thus, the determination after a fair hearing...

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