Matter of Martha Ferrugia v New York State Department of Health

Matter of Ferrugia v New York State Dept. of Health 2004 NY Slip Op 06458 [3 NY3d 683] September 2, 2004 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 24, 2004

[*1] In the Matter of Martha Ferrugia, Appellant,
v
New York State Department of Health et al., Respondents.

Decided September 2, 2004

Matter of Ferrugia v New York State Dept. of Health, 5 AD3d 1116, reversed.

APPEARANCES OF COUNSEL

Koldin Law Center, P.C., East Syracuse (Stephen K. Koldin of counsel), for appellant.

Betsy S. Steger, Mayville, for Chautauqua County Department of Social Services, respondent.

Eliot Spitzer, Attorney General, Albany (Kathleen M. Treasure and Peter H. Schiff of counsel), for New York State Department of Health, respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules 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.