Legal Opinion

Commissioner of the Department of Social Services v. Spellman

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

Decided April 30, 1998PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Lerner, P. J.

The issue presented on this appeal is whether the New York State Social Services Law allows the plaintiff, New York City Department of Social Services (DSS), to recover from the defendant, a “community spouse”, Medicaid assistance payments it paid to providers for the care of his wife, an “institutionalized spouse”, where he has refused to provide for his wife’s care.

Inasmuch as the motion to dismiss is brought pursuant to CPLR 3211, the factual allegations of the complaint are deemed to be true. On January 1, 1994, defendant’s wife was admitted to Clearview…

2Cases cited6 opinions

  1. Cricchio v. PennisiNew York Court of Appeals · 1997
  2. Golf v. New York State Department of Social ServicesNew York Court of Appeals · 1998
  3. Costello v. GeiserNew York Court of Appeals · 1995
  4. Steinberg v. SteinbergNew York Court of Appeals · 1966
  5. MTR. OF SCHACHNER v. PeralesNew York Court of Appeals · 1995

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

3Cited by12 opinions

  1. In re ShahAppellate Division of the Supreme Court of the State of New York · 1999
  2. Wojchowski v. DainesCourt of Appeals for the Second Circuit · 2007
  3. In Re Estate of JobeCourt of Appeals of Minnesota · 1999
  4. In re the Estate of SteeleAppellate Division of the Supreme Court of the State of New York · 2011
  5. In re ShahAppellate Division of the Supreme Court of the State of New York · 1999

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

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