Legal Opinion
Ferrugia v. New York State Department of Health
New York Supreme Court
Decided September 3, 2002PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph Gerace, J.
This is a petition pursuant to article 78 of the CPLR. Petitioner seeks to reverse the determination of the respondents, reached after a fair hearing before the State Department of Health, denying petitioner’s application for medical assistance (MA). At issue is whether or not petitioner’s failure to *710exercise an option to name herself as beneficiary of a living trust can be considered a transfer of assets for the purpose of qualifying for MA.
In 1986, petitioner established an irrevocable trust to protect her assets. The trust provided that the trustees…
2Cases cited5 opinions
- Howard v. WymanNew York Court of Appeals · 1971
- Andrews v. Trustco BankAppellate Division of the Supreme Court of the State of New York · 2001
- In re Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
- In re the Bank of New YorkNew York Court of Appeals · 1983
- Spetz v. New York State Department of HealthNew York Supreme Court · 2002
3Cited by2 opinions
- Ferrugia v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2004
- Ferrugia v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2004