Conrad v. Hackett

Judgment and order unanimously affirmed without costs. Memorandum: The IAS court did not abuse its discretion in denying petitioners’ application for class action certification. At issue in this CPLR article 78 proceeding is the propriety of the manner in which respondents have determined to use the income of an institutionalized Medicaid recipient relative to the needs of the recipient’s non-institutionalized spouse under the regulatory scheme in existence prior to the enactment of Social Services Law § 366-c (see, Conrad v Hackett, 149 Misc 2d 56). The court correctly noted that class…