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MATTER OF GIAQUINTO v. COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH

39 A.D.3d 922 (2007)

833 N.Y.S.2d 301

In the Matter of DOMINICK GIAQUINTO, Respondent, v. COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH, Appellant, et al., Respondent.

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

Decided April 5, 2007.

Kane, J.

Petitioner resides in an adult care facility, while his wife lives in their marital residence. When petitioner applied for Medicaid eligibility, respondent Commissioner of Social Services of Montgomery County denied the application because petitioner and his wife had household income and resources exceeding the permissible limits. As a result of a hearing requested by petitioner (see 42 USC § 1396r-5 [e] [2]; Social Services Law § 366-c ...

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