Legal Opinion
Balzarini v. Suffolk County Department of Social Services
Appellate Division of the Supreme Court of the State of New York
Decided September 2, 2008PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Spolzino, J.P.
The 76-year-old petitioner was admitted to a nursing home on March 8, 2005. In a determination dated May 26, 2005, the respondent Suffolk County Department of Social Services (hereinafter the DSS) approved his application for Medicaid benefits, but determined that because his wife’s income exceeded the “Medicaid minimum monthly maintenance needs allowance” of $2,378, none of the petitioner’s income could be used to assist his wife in paying her expenses and all of his income would be used in partial payment of his nursing home costs. At the time, the…
2Cases cited9 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Atkins v. RiveraSupreme Court of the United States · 1986
- In re M.B. Mental Hygiene Legal ServiceNew York Court of Appeals · 2006
- Golf v. New York State Department of Social ServicesNew York Court of Appeals · 1998
- MTR OF GOMPRECHT v. GomprechtNew York Court of Appeals · 1995
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3Cited by3 opinions
- Balzarini v. Suffolk County Department of Social ServicesNew York Court of Appeals · 2011
- Baker v. MahonAppellate Division of the Supreme Court of the State of New York · 2010
- ZICKL, ANNE N. v. DAINES, M.D., RICHARD F.Appellate Division of the Supreme Court of the State of New York · 2011