Legal Opinion
Sherman v. DeRosa
Appellate Division of the Supreme Court of the State of New York
Decided November 28, 2006PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover medical assistance benefits paid on behalf of the defendant’s institutionalized spouse, the defendant appeals from an order of the Supreme Court, Nassau County (Joseph, J.), dated September 22, 2005, which granted the plaintiffs motion to dismiss her affirmative defenses.
Ordered the order is affirmed, with costs.
The plaintiff, the Commissioner of the Department of Social Services of the County of Nassau (hereinafter DSS), seeks to recover from the defendant the sum of $108,619.05 in Medicaid benefits it paid for the nursing home care of the defendant’s late husband.…
2Cases cited5 opinions
- Parker v. Blauvelt Volunteer Fire Co.New York Court of Appeals · 1999
- Buechel v. BainNew York Court of Appeals · 2001
- Commissioner of the Department of Social Services v. SpellmanAppellate Division of the Supreme Court of the State of New York · 1998
- Commissioner of the Department of Social Services v. FishmanAppellate Division of the Supreme Court of the State of New York · 2001
- In re the Estate of KlinkAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by4 opinions
- Matter of B.Z. Chiropractic, P.C. v. Allstate Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2021
- In re the Estate of SteeleAppellate Division of the Supreme Court of the State of New York · 2011
- In re the Estate of SchneiderAppellate Division of the Supreme Court of the State of New York · 2010
- Perez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2025