De Rosa v. Kirby

*343OPINION OF THE COURT

Gulotta, J. P.

Petitioner is an 82-year-old woman presently residing at the Patchogue Nursing Center. She has been confined to that home for several years and is presently regarded as “disabled and totally senile”. She is incapable of understanding any form of communication.

Petitioner is a recipient of Medicaid from the Suffolk County Department of Social Services (the local agency) and, in addition thereto, receives Social Security benefits in the amount of $143.50 per month and veterans’ benefits in the amount of $348.58 per month. Pursuant to 18 NYCRR 360.5 (e), all of…