Bourgeois v. Stadtler
Opinion of the Court
—Order and judg
Supreme Court properly denied plaintiff’s motion for summary judgment and granted defendants’ motion for summary judgment dismissing the complaint. Under both Federal and State law, plaintiffs recovery of medical assistance correctly paid is precluded except under limited circumstances not applicable here (see, 42 USC § 1396p [b] [1]; Social Services Law § 369 [2]; Matter of Craig, 82 NY2d 388, 391; Matter of Akullian, 167 AD2d 596; Matter of Rhodes, 148 Misc 2d 744, 746). Louis and Dorothy were eligible for medical assistance under the standards in effect at the time of their application, and their benefits were correctly paid (see, Matter of Akullian, supra, at 597). Thus, plaintiff may not recover those benefits by seeking to set aside the trust as a fraudulent conveyance under the Debtor and Creditor Law (cf., Crabb v Mager, 66 AD2d 20, 23) or a void self-settled trust under the EPTL. Further, legislation subsequently enacted to foreclose the use of a “trigger trust” as a Medicaid planning device does not apply retroactively to invalidate the Louis A. Stadtler Trust (see, Pub L 103-66, 107 US Stat 622 [amendments to 42 USC § 1396p (c), (d) and (e) do not apply to trusts established on or before Aug. 10, 1993]; L 1992, ch 41, § 165 [i] [EPTL 7-3.1 (c) applies only to trusts created on or after Apr. 2, 1992]). (Appeal from Order and Judgment of Supreme Court, Cattaraugus County,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.