Appellate Division of the Supreme Court of the State of New York July 30, 1998 (Marion v. Balch)

—Mercure, J. P.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Schuyler County) to review a determination of respondent State Commissioner of Health which denied petitioner’s application for personal care services under the Medicaid program.

Petitioner, a Medicaid recipient, suffers from bipolar disorder.