Legal Opinion

Scarpuzza v. Blum

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

Decided March 17, 1980PublishedCited by 16 opinions

1Opinion of the CourtGulotta, J.

The principal issue raised in this proceeding is whether the "voluntary transfer” provision of section 366 (subd 1, par [e]) of the Social Services Law, a component of New York’s comprehensive medical assistance scheme (i.e., Medicaid), is violative of the supremacy clause (US Const, art VI, cl 2) by reason of its conflict with controlling Federal legislation.1 We conclude that the question must be answered *239in the affirmative, at least insofar as it relates to applicants such as Mr. Scarpuzza who would, except for income and resources, be eligible for Supplemental Security Income (SSI). As a…

2Cases cited52 opinions

  1. King v. SmithSupreme Court of the United States · 1968
  2. Vlandis v. KlineSupreme Court of the United States · 1973
  3. Howard v. WymanNew York Court of Appeals · 1971
  4. Jefferson v. HackneySupreme Court of the United States · 1972
  5. New York State Department of Social Services v. DublinoSupreme Court of the United States · 1973

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3Cited by16 opinions

  1. Caldwell v. BlumCourt of Appeals for the Second Circuit · 1980
  2. Desmone v. BlumAppellate Division of the Supreme Court of the State of New York · 1984
  3. Calvary Hospital v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1983
  4. In re the Conservatorship of MorettiNew York Supreme Court · 1993
  5. Capek v. BlumAppellate Division of the Supreme Court of the State of New York · 1980

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

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