Alfano v. New York State Department of Social Services

Full title: In the Matter of VICTORIA ALFANO, Petitioner, v. NEW YORK STATE DEPARTMENT…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 13, 1996

227 A.D.2d 474 (N.Y. App. Div. 1996)

643 N.Y.S.2d 356

Opinion

May 13, 1996

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

In order to annul an administrative determination made after a hearing, a court must conclude that the record lacks substantial evidence to support the determination ( see, Matter of Lahey v Kelly, 71 N.Y.2d 135; Matter of Pell v. Board of Educ., 34 N.Y.2d 222; Matter of Greenberg v. Cortines, 215 A.D.2d 385).

Here, the determination of the New York State Department of Social Services (hereinafter the DSS) was supported by substantial evidence. The record supports the determination of the DSS that the petitioner possessed excess resources, which rendered her ineligible for Medical Assistance for the subject time period ( see, 18 NYCRR 360-4.8 [b]). The DSS also properly disallowed certain purported expenses from being used to offset the petitioner's excess resources ( see, 18 NYCRR 360-4.8).

The petitioner's remaining contentions lack merit. Thompson, J.P., Joy, Krausman and Florio, JJ., concur.