Legal Opinion

Mallery v. Shah

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

Decided March 1, 2012PublishedCited by 16 opinions

1Opinion of the CourtStein, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Broome County) to review a determination of respondent which found petitioner ineligible for Medicaid benefits for a certain period of time.

After falling in her home in March 2009, petitioner was admitted to a skilled nursing facility which applied for Medicaid on her behalf. The Broome County Department of Social Services (hereinafter DSS) ultimately found petitioner ineligible for nursing home coverage for a penalty period of approximately 19 months based upon transfers of assets for…

2Cases cited7 opinions

  1. Berenhaus v. WardNew York Court of Appeals · 1987
  2. Loiacono v. DemarzoAppellate Division of the Supreme Court of the State of New York · 2010
  3. Rogers v. NovelloAppellate Division of the Supreme Court of the State of New York · 2006
  4. Campbell v. Comnissioner of New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2005
  5. Carter v. BrandweinAppellate Division of the Supreme Court of the State of New York · 1992

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

3Cited by16 opinions

  1. Conners v. BerlinAppellate Division of the Supreme Court of the State of New York · 2013
  2. ALBINO, FRANCES v. SHAH, MD., M.P.H., NIRAV R.Appellate Division of the Supreme Court of the State of New York · 2013
  3. DONVITO, MARK v. SHAH, M.D., M.P.H., NIRAV R.Appellate Division of the Supreme Court of the State of New York · 2013
  4. CORCORAN, BEATRICE L. v. SHAH, M.D., M.P.H., NIRAV R.Appellate Division of the Supreme Court of the State of New York · 2014
  5. Collins v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2016

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

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