HARVEY v. WING (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Alma HARVEY, Respondent, v. Brian J. WING, as Acting Commissioner of New York State Department of Social Services, and Deborah A. Merrifield, as Commissioner of Erie County Department of Social Services, Appellants.

Decided: February 10, 1999

Present: DENMAN, P.J., PINE, PIGOTT, JR., CALLAHAN and BALIO, JJ.

Eliot Spitzer, Albany, for Respondent-Appellant-Wing. Howard B. Frank, Buffalo, for Respondent-Appellant-Merrifield. Chester S. Grove, Lockport, for Petitioner-Respondent.

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, 674 N.Y.S.2d 600, 697 N.E.2d 555). Thus, the determination after a fair hearing utilizing the “income first” method to determine petitioner's eligibility for Medicaid was proper, and Supreme Court erred in granting the petition and annulling the determination.

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

MEMORANDUM:

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