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BALZARINI v. SUFFOLK CTY. DEPT. OF SOCIAL SERVICES

55 A.D.3d 187 (2008)

863 N.Y.S.2d 706

In the Matter of JOHN BALZARINI, Petitioner, v. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES et al., Respondents.

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

September 2, 2008.

Attorney(s) appearing for the Case

Lewis C. Edelstein, Garden City, for petitioner.

Christine Malafi, County Attorney, Central Islip (Karin A. Bohrer of counsel), for Suffolk County Department of Social Services, respondent.

Andrew M. Cuomo, Attorney General, New York City (Michael S. Belohlavek and Justin R. Long of counsel), for New York State Department of Health, respondent.

RITTER, MILLER and DICKERSON, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.P.

The 76-year-old petitioner was admitted to a nursing home on March 8, 2005. In a determination dated May 26, 2005, the respondent Suffolk County Department of Social Services (hereinafter the DSS) approved his application for Medicaid benefits, but determined that because his wife's income exceeded the "Medicaid minimum monthly maintenance needs allowance" of $2,378, none of the petitioner's income could be used to assist...

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