Howard v. New York State Department of Social Services

Appeal, by permission, from an order of the Supreme Court (Coutant, J.), entered December 9, 1987 in Tioga County, which, in a proceeding pursuant to CPLR article 78, denied respondents’ motion to dismiss the petition.

This CPLR article 78 proceeding was brought by petitioner to challenge determinations of respondents, the State Department of Social Services (hereinafter SDSS) and the Tioga County Department of Social Services, which denied her now deceased husband’s application for retroactive medical assistance without first applying what is known as a "resource spend-down” to determine his…