Spetz v. New York State Department of Health

*298OPINION OF THE COURT

Joseph Gerace, J.

This is a CPLR article 78 proceeding in which petitioner, Irene Spetz, challenges the denial of Medicaid benefits by the respondents, New York State Department of Health (the State) and Chautauqua County Department of Social Services (the County). The denial was based upon the creation of a purportedly irrevocable trust by petitioner’s husband, Richard Spetz. The County determined that the assets of this trust were assets available to the petitioner and that her resources, therefore, exceeded the level necessary to qualify for Medicaid. This determination…