Opinion
July 10, 1987
Appeal from the Allegany County Family Court, Feeman, J.
Present — Callahan, J.P., Doerr, Green, Pine and Lawton, JJ.
Order unanimously reversed on the law with costs and petition granted, in accordance with the following memorandum: Family Court erred in concluding that it could not make an award of support to a wife against a husband who is institutionalized and receiving Medicaid. Respondent husband's Social Security income is available to support his wife, the petitioner herein, in these circumstances (Matter of Albany County Dept. of Social Servs. v Englehardt, 124 A.D.2d 140, lv denied 69 N.Y.2d 612; Matter of Septuagenarian v. Septuagenarian, 126 Misc.2d 699). Since the facts have been stipulated by the parties, there is no need to remit this matter to Family Court for a hearing as to the amount of support. Thus, we award petitioner support in the sum of $484 per month from July 1986 through December 1986 and the sum of $488 per month from January 1987.