Blair v. Novello

*760OPINION OF THE COURT

William P. Polito, J.

The issue raised is whether the State’s interpretation and application of Social Services Law § 366 (2) (a) (7) as amended in 2005, denying Medicaid to the three blind, elderly and/or disabled petitioning couples, unless and until they spend down to a lower standard of need than that stated in Social Services Law §§ 207 and 209 (2), violates the uniform standard mandated by Social Services Law §§ 207 and 209 (2).

The answer is in the negative for two of the petitioning couples, the Krumbeins and the Taylors, and in the affirmative for the third couple,…