Legal Opinion

Jenkins v. Novello

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

Decided April 10, 2008Published

1Opinion of the Court

Determination of New York State Department of Health, dated July 28, 2006, which, after a hearing, upheld the denial of Jenkins’ application for residential health care medical assistance, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Emily Jane Goodman, J.], entered February 28, 2007) dismissed, without costs.

Substantial evidence supports respondent’s determination that Jenkins was not a resident of New York at the time he applied for Medicaid in May 2004 (see…

2Cases cited3 opinions

  1. Berenhaus v. WardNew York Court of Appeals · 1987
  2. Bethesda Lutheran Homes and Services, Inc., Plaintiffs-Appellants/cross-Appellees v. Gerald Born, and Thomas SchleitwilerCourt of Appeals for the Seventh Circuit · 2001
  3. Lundgren v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1988

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