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MATTER OF MARZEC v. DeBUONO

95 N.Y.2d 262 (2000)

739 N.E.2d 742

716 N.Y.S.2d 376

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

Court of Appeals of the State of New York.

Decided October 24, 2000.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Victor Paladino, Preeta D. Bansal, Daniel Smirlock and Peter G. Crary of counsel), for appellants.

Legal Services for the Elderly, Disabled or Disadvantaged of Western New York, Inc., Buffalo (Anthony Szczygiel of counsel), for Raymond Marzec, respondent.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

SMITH, J.

The issue here is whether Medicaid regulations governing eligibility for benefits authorized a reduction in the applicant's income in an amount necessary to meet the needs of his ineligible spouse. The Appellate Division answered in the affirmative. For reasons stated in this Opinion, we now reverse.

On October 1, 1996, petitioner Raymond Marzec applied for Medicaid...

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