New York Court of Appeals June 30, 1981 (Burk v. Blum)

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the determination of the State Commissioner of Social Services annulled.

It was impermissible for the commissioner to include petitioners’ self-supporting adult child as a member of the household for Medicaid eligibility purposes (Matter of *667Vailes v D’Ella, 54 NY2cl 663 [decided herewith]).