Amendolia v. New York City Human Resources Administration

Appellate Division of the Supreme Court of New York

Amendolia v. New York City Human Resources Administration

270 A.D.2d 344, 705 N.Y.S.2d 241, 2000 N.Y. App. Div. LEXIS 2711

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 13, 2000

StatusPublished

This text of 270 A.D.2d 344 (Amendolia v. New York City Human Resources Administration) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amendolia v. New York City Human Resources Administration, 270 A.D.2d 344, 705 N.Y.S.2d 241, 2000 N.Y. App. Div. LEXIS 2711 (N.Y. Ct. App. 2000).

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Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Department of Health, dated January 16, 1997, made after a fair hearing, which, inter alia, found that the $85,000 corpus of a trust for Louis Licata was an available resource to the petitioner for Medicaid eligibility purposes within the meaning of 18 NYCRR 360-4.4 (b).

Adjudged that the determination is confirmed, with one bill of costs to the respondents appearing separately and filing separate briefs, and the proceeding is dismissed on the merits.

Contrary to the petitioner’s contention, the determination of the respondent New York State Department of Health that the $85,000 corpus of a trust for Louis Licata was an available resource to the petitioner for Medicaid eligibility purposes [345]*345within the meaning of 18 NYCRR 360-4.4 (b) was supported by substantial evidence in the record. Bracken, J. P., Ritter, Altman and McGinity, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Department of Health, dated January 16, 1997, made after a fair hearing, which, inter alia, found that the $85,000 corpus of a trust for Louis Licata was an available resource to the petitioner for Medicaid eligibility purposes within the meaning of 18 NYCRR 360-4.4 (b).

Adjudged that the determination is confirmed, with one bill of costs to the respondents appearing separately and filing separate briefs, and the proceeding is dismissed on the merits.

Contrary to the petitioner’s contention, the determination of the respondent New York State Department of Health that the $85,000 corpus of a trust for Louis Licata was an available resource to the petitioner for Medicaid eligibility purposes [345]*345within the meaning of 18 NYCRR 360-4.4 (b) was supported by substantial evidence in the record. Bracken, J. P., Ritter, Altman and McGinity, JJ., concur.

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Bluebook (online)

270 A.D.2d 344, 705 N.Y.S.2d 241, 2000 N.Y. App. Div. LEXIS 2711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amendolia-v-new-york-city-human-resources-administration-nyappdiv-2000.