Legal Opinion

Brown v. Wing

New York Court of Appeals

Decided June 3, 1999PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Bellacosa, J.

The common issue in these three jointly considered cases is whether a Medicaid ineligibility period must be fixed as of the first day of the month in which an improper asset transfer takes place, or whether, at the State’s option, it may be set as of the first day of the month after the transfer occurred. The Department of Social Services used the latter eligibility option, which resulted in less benefits being allowed to the petitioners by reason of the financial penalty imposed. We conclude that DSS acted within its authority and that the pertinent statutory…

2Cases cited7 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  3. Negonsott v. SamuelsSupreme Court of the United States · 1993
  4. Raritan Development Corp. v. SilvaNew York Court of Appeals · 1997
  5. Cricchio v. PennisiNew York Court of Appeals · 1997

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. The Matter of Ricardo Suarez v. Melissa WilliamsNew York Court of Appeals · 2015
  2. James Square Associates LP v. MullenNew York Court of Appeals · 2013
  3. Saratoga County Chamber of Commerce, Inc. v. PatakiAppellate Division of the Supreme Court of the State of New York · 2000
  4. Zizersky v. Life Quality Motor Sales, Inc.New York Supreme Court · 2008
  5. Makastchian v. Oxford Health Plans, Inc.Appellate Division of the Supreme Court of the State of New York · 2001

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API