Marion v. Balch

—Mercure, J. P.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Schuyler County) to review a determination of respondent State Commissioner of Health which denied petitioner’s application for personal care services under the Medicaid program.

Petitioner, a Medicaid recipient, suffers from bipolar disorder. Her treating psychiatrist, William Longaker, made a recommendation that Medicaid supply petitioner with level I personal care services consisting of approximately 4 to 6 hours *916of housekeeping help each week.* Following a home study,…