Legal Opinion
Golf v. New York State Department of Social Services
New York Court of Appeals
Decided April 2, 1998PublishedCited by 52 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The question presented by this appeal concerns the construction of State and Federal statutory provisions relating to Medicaid and the reasonableness of the method utilized by the Monroe County Department of Social Services (DSS) to determine the eligibility for Medicaid of an institutionalized spouse. Specifically at issue is the decision to utilize the “income first” method rather than the “resource first” method to determine eligibility for Medicaid. Because we conclude that the statutes are ambiguous and do not resolve the issue presented; that the income…
2Cases cited7 opinions
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- Cleary Ex Rel. Cleary v. WaldmanDistrict Court, D. New Jersey · 1997
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3Cited by52 opinions
- Wisconsin Department of Health & Family Services v. BlumerSupreme Court of the United States · 2002
- In re ShahAppellate Division of the Supreme Court of the State of New York · 1999
- Wojchowski v. DainesCourt of Appeals for the Second Circuit · 2007
- Barenboim v. starbucks, Winans v. Starbucks Corp.Court of Appeals for the Second Circuit · 2012
- Matter of Edna Shannon v. Westchester County Department of Social ServicesNew York Court of Appeals · 2015
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