Legal Opinion

Vitale v. Woodhouse

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

Decided March 29, 2000PublishedCited by 3 opinions

1Opinion of the Court

—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…

2Cited by3 opinions

  1. Sunrise Manor Center for Nursing & Rehabilitation ex rel. Gronert v. NovelloAppellate Division of the Supreme Court of the State of New York · 2005
  2. FLANNERY, FRANCES v. ZUCKER, M.D., HOWARD Z.Appellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Pugliese v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2019

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