Legal Opinion
Giaquinto v. Commissioner of New York State Department of Health
Appellate Division of the Supreme Court of the State of New York
Decided April 5, 2007PublishedCited by 3 opinions
1Opinion of the CourtKane, J.
Appeal from a judgment of the Supreme Court (Ferradino, J.), entered April 28, 2006 in Albany County, which, in a proceeding pursuant to CPLR article 78, inter alia, awarded petitioner counsel fees.
Petitioner resides in an adult care facility, while his wife lives in their marital residence. When petitioner applied for Medicaid eligibility, respondent Commissioner of Social Services of Montgomery County denied the application because petitioner and his wife had household income and resources exceeding the permissible limits. As a result of a hearing requested by petitioner (see 42 USC §…
2Cases cited10 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Johnson v. BlumNew York Court of Appeals · 1983
- Nazareth Home of the Franciscan Sisters v. NovelloNew York Court of Appeals · 2006
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3Cited by3 opinions
- Giaquinto v. Commissioner of New York State Department of HealthNew York Court of Appeals · 2008
- Giaquinto v. Commissioner of the New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2012
- Lopez v. Commissioner of New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2007