Legal Opinion

Rogers v. Novello

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

Decided February 2, 2006PublishedCited by 20 opinions

1Opinion of the CourtMercure, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent denying a request for medical assistance for Claudia Rogers.

In May 2004, petitioner applied for Medicaid benefits on behalf of his wife, Claudia Rogers, who has resided in a nursing home since December 2003. The Delaware County Department of Social Services approved Medicaid coverage for certain services effective February 1, 2004, but determined that Rogers was not eligible to receive nursing home coverage for a penalty period of…

2Cases cited3 opinions

  1. Elcor Health Services, Inc. v. NovelloNew York Court of Appeals · 2003
  2. Campbell v. Comnissioner of New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2005
  3. Bendtson v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by20 opinions

  1. Loiacono v. DemarzoAppellate Division of the Supreme Court of the State of New York · 2010
  2. Barbato v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2009
  3. Mallery v. ShahAppellate Division of the Supreme Court of the State of New York · 2012
  4. Gabrynowicz v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2007
  5. Conners v. BerlinAppellate Division of the Supreme Court of the State of New York · 2013

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