Whittum v. New York State Department of Health

Appellate Division of the Supreme Court of New York

Whittum v. New York State Department of Health

299 A.D.2d 415, 749 N.Y.S.2d 437, 2002 N.Y. App. Div. LEXIS 10681

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

DecidedNovember 12, 2002

StatusPublished

This text of 299 A.D.2d 415 (Whittum v. New York State Department of Health) 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.

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Whittum v. New York State Department of Health, 299 A.D.2d 415, 749 N.Y.S.2d 437, 2002 N.Y. App. Div. LEXIS 10681 (N.Y. Ct. App. 2002).

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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 30, 2001, which, after a fair hearing, denied the petitioner’s application for Medicaid Assistance on the ground that he possessed resources in excess of his medical needs.

Adjudged that the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits, with one bill of costs.

Contrary to the petitioner’s contention, the determination of the respondent New York State Department of Health that the petitioner possessed resources in excess of his medical needs is supported by substantial evidence in the record (see Matter of Iannotti v Commissioner of N.Y. State Dept. of Health, 283 AD2d 645; 18 NYCRR subparts 360-2, 360-4; EPTL 7-3.1 [c]; see generally Oxenhorn v Fleet Trust Co., 94 NY2d 110). Smith, J.P., Goldstein, McGinity and Mastro, 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 30, 2001, which, after a fair hearing, denied the petitioner’s application for Medicaid Assistance on the ground that he possessed resources in excess of his medical needs.

Adjudged that the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits, with one bill of costs.

Contrary to the petitioner’s contention, the determination of the respondent New York State Department of Health that the petitioner possessed resources in excess of his medical needs is supported by substantial evidence in the record (see Matter of Iannotti v Commissioner of N.Y. State Dept. of Health, 283 AD2d 645; 18 NYCRR subparts 360-2, 360-4; EPTL 7-3.1 [c]; see generally Oxenhorn v Fleet Trust Co., 94 NY2d 110). Smith, J.P., Goldstein, McGinity and Mastro, JJ., concur.

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Bluebook (online)

299 A.D.2d 415, 749 N.Y.S.2d 437, 2002 N.Y. App. Div. LEXIS 10681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whittum-v-new-york-state-department-of-health-nyappdiv-2002.

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