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Burk v. Blum

54 N.Y.2d 665 Court N.Y. Decision date 1981-06-30 English

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p. 665
In the Matter of William Burk, Individually and on Behalf of His Dependent Spouse, Irene Burk et al., Appellants, v Barbara Blum, as Commissioner of the New York State Department of Social Services, et al., Respondents.
Argued June 9, 1981;
decided June 30, 1981
p. 666
APPEARANCES OF COUNSEL
Richard Peyton Whiteley for appellants.
Robert Abrams, Attorney-General (Clifford A. Royael and Shirley Adelson Siegel of counsel), for State Commissioner of Social Services, respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the determination of the State Commissioner of Social Services annulled.

It was impermissible for the commissioner to include petitioners’ self-supporting adult child as a member of the household for Medicaid eligibility purposes (Matter of

p. 667
Vailes v D’Ella, 54 NY2cl 663 [decided herewith]). Indeed, even under the commissioner’s own “fictitious” ADC recipient rationale, which we have today rejected, the child could not be deemed a household member (Matter of Genin v Tola, 47 NY2d 959 ).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order reversed, etc.

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