Giaquinto v. Commissioner of the New York State Department of Health
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, A.PJ.
This marks the second occasion that the present case has been before us (Matter of Giaquinto v Commissioner of N.Y. State Dept. of Health, 39 AD3d 922 [2007], revd 11 NY3d 179 [2008]). Briefly stated, petitioner was a resident of a nursing home. After his application for Medicaid benefits was denied on *1225the ground that he and his wife had excessive income and resources, he requested a fair hearing. Respondent Commissioner of Health (hereinafter respondent) affirmed the denial, but found that the wife’s allotment of marital assets beyond Medicaid’s reach must be increased.…
2Cases cited22 opinions
- White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- People v. EvansNew York Court of Appeals · 2000
- Wisconsin Department of Health & Family Services v. BlumerSupreme Court of the United States · 2002
- Golf v. New York State Department of Social ServicesNew York Court of Appeals · 1998
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- Drumm v. ShahAppellate Division of the Supreme Court of the State of New York · 2013
- Claim of Kondylis v. Alatis Interiors Co.Appellate Division of the Supreme Court of the State of New York · 2014
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