Marzec v. DeBuono

—Judgment affirmed with costs. Memorandum: Supreme Court properly granted the petition challenging the determination of petitioner’s financial eligibility to receive medical assistance (MA) benefits under Medicaid. Petitioner does not dispute the calculations of his household size or the amount of his income and resources during the period for which his eligibility was determined (see, 18 NYCRR 360-4.1 [b] [1] [i], [ii]). Rather, petitioner commenced the instant proceeding to challenge the determination that the applicable regulations do not require that an amount of his income necessary to…