Lopez v. Commissioner of New York State Department of Health

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered May 11, 2006 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Health denying petitioner’s request for medical assistance.

Petitioner challenges the denial of the Medicaid application filed on behalf of her husband, Felix Lopez,1 seeking assistance with his nursing home care expenses. Medicaid is a jointly funded state and federal medical assistance program aimed at assisting those eligible individuals whose…