Legal Opinion
Cricchio v. Pennisi
New York Court of Appeals
Decided March 25, 1997PublishedCited by 75 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
We are asked on these appeals to determine whether a Medicaid lien placed pursuant to Social Services Law § 104-b on the proceeds of a personal injury settlement must be satisfied before those funds may be transferred to a "supplemental needs trust” that complies with EPTL 7-1.12. Applying both Federal and State Medicaid statutes, we conclude that the Department of Social Services (DSS) is entitled to first satisfy the lien from those funds, leaving the remainder available for transfer to a supplemental needs trust. Accordingly, we reverse.
The pertinent facts in…
2Cases cited4 opinions
- Baker v. SterlingNew York Court of Appeals · 1976
- Perry v. DowlingCourt of Appeals for the Second Circuit · 1996
- Costello v. GeiserNew York Court of Appeals · 1995
- Cricchio v. PennisiAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by75 opinions
- Olszewski v. Scripps HealthCalifornia Supreme Court · 2003
- Martin Ex Rel. Hoff v. City of RochesterSupreme Court of Minnesota · 2002
- Golf v. New York State Department of Social ServicesNew York Court of Appeals · 1998
- Roberts v. Total Health Care, Inc.Court of Appeals of Maryland · 1998
- Calvanese v. CalvaneseNew York Court of Appeals · 1999
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