Iannotti v. Commissioner of the New York State Department of Health

Appellate Division of the Supreme Court of New York

Iannotti v. Commissioner of the New York State Department of Health

283 A.D.2d 645, 725 N.Y.S.2d 866, 2001 N.Y. App. Div. LEXIS 5460

Appellate Division of the Supreme Court of the State of New York·Decided May 29, 2001·Published·Cited by 1 cases

Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Health, dated August 23, 1999, which, after a fair hearing, denied the petitioner’s application for Medicaid Assistance on the ground that she had excess available resources in an inter vivos trust.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

There is substantial evidence in the record to support the determination that the petitioner has excess available resources in an inter vivos trust (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176). The determination that the appointed “trust protector” had been given discretionary power to distribute the trust’s assets for purposes of medical assistance has a rational basis in the record. Krausman, J. P., S. Miller, McGinity and Schmidt, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Health, dated August 23, 1999, which, after a fair hearing, denied the petitioner’s application for Medicaid Assistance on the ground that she had excess available resources in an inter vivos trust.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

There is substantial evidence in the record to support the determination that the petitioner has excess available resources in an inter vivos trust (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176). The determination that the appointed “trust protector” had been given discretionary power to distribute the trust’s assets for purposes of medical assistance has a rational basis in the record. Krausman, J. P., S. Miller, McGinity and Schmidt, JJ., concur.

Iannotti v. Commissioner of the New York State Department of Health, 283 A.D.2d 645, 725 N.Y.S.2d 866, 2001 N.Y. App. Div. LEXIS 5460 (N.Y. Ct. App. 2001).

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283 A.D.2d 645 (Iannotti v. Commissioner of the New York State Department of Health) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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