Rauch v. DeBuono

—Determination unanimously confirmed without costs and petition *798dismissed. Memorandum: Although this proceeding should not have been transferred to this Court pursuant to CPLR 7804 (g) inasmuch as the issue of substantial evidence was not raised, we nevertheless consider the merits in the interest of judicial economy (see, Matter of Moulden v Coughlin, 210 AD2d 997). Following an administrative hearing, the New York State Department of Health (DOH) found petitioner’s decedent, the institutionalized spouse, ineligible to receive Medicaid benefits due to his excess resources. DOH determined…