New York Court of Appeals, 2004

Ferrugia v. New York State Department of Health

Ferrugia v. New York State Department of Health
New York Court of Appeals · Decided September 2, 2004
3 N.Y.3d 683; 818 N.E.2d 647; 785 N.Y.S.2d 6; 2004 N.Y. LEXIS 2154
Ferrugia v. New York State Department of Health

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Opinion of the Court

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Exiles of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, petition granted, respondents’ determination denying petitioner’s medical assistance application annulled and respondents directed to disregard the income and resources of the subject irrevocable trust in determining petitioner’s entitlement to medical assistance, for the reasons stated in the dissent at the Appellate Division (5 AD3d 1116, 1117-1119 [2004]).

Concur: Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith.

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