Vitale v. Woodhouse

Appellate Division of the Supreme Court of New York

Vitale v. Woodhouse

270 A.D.2d 951, 706 N.Y.S.2d 292, 2000 N.Y. App. Div. LEXIS 3560

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

DecidedMarch 29, 2000

StatusPublished

Cited by3 cases

This text of 270 A.D.2d 951 (Vitale v. Woodhouse) 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

Vitale v. Woodhouse, 270 A.D.2d 951, 706 N.Y.S.2d 292, 2000 N.Y. App. Div. LEXIS 3560 (N.Y. Ct. App. 2000).

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Opinion

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly confirmed the determination denying the application of petitioner for medical assistance on the ground that her available resources exceed financial eligibility standards. Under the terms of the irrevocable trust created by petitioner in 1986, the trustees “are authorized in their sole and absolute discretion at any time” to make payments from the trust corpus for the benefit of petitioner. Thus, in determining petitioner’s financial eligibility, the trust corpus was properly considered a resource available to petitioner (see,

[952]*952Social Services Law § 366 [2] [b] [2] [ii]; 18 NYCRR 360-4.5 [a]). (Appeal from Judgment of Supreme Court, Livingston County, Cicoria, J. — CPLR art 78.) Present — Pigott, Jr., P. J., Green, Wisner, Scudder and Kehoe, JJ.

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—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly confirmed the determination denying the application of petitioner for medical assistance on the ground that her available resources exceed financial eligibility standards. Under the terms of the irrevocable trust created by petitioner in 1986, the trustees “are authorized in their sole and absolute discretion at any time” to make payments from the trust corpus for the benefit of petitioner. Thus, in determining petitioner’s financial eligibility, the trust corpus was properly considered a resource available to petitioner (see,

[952]*952Social Services Law § 366 [2] [b] [2] [ii]; 18 NYCRR 360-4.5 [a]). (Appeal from Judgment of Supreme Court, Livingston County, Cicoria, J. — CPLR art 78.) Present — Pigott, Jr., P. J., Green, Wisner, Scudder and Kehoe, JJ.

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Bluebook (online)

270 A.D.2d 951, 706 N.Y.S.2d 292, 2000 N.Y. App. Div. LEXIS 3560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vitale-v-woodhouse-nyappdiv-2000.

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