Legal Opinion

MATTER OF JASON B. v. Novello

New York Court of Appeals

Decided February 19, 2009PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

ClPARICK, J.

In this appeal, we are asked to determine whether the doctrine of res judicata precludes the New York State Office of Mental Retardation and Developmental Disabilities (OMRDD) from reassessing an earlier decision that an applicant is eligible for benefits as a result of a developmental disability as defined by Mental Hygiene Law § 1.03 (22). We conclude that it does not.

The Medicaid Act, administered by the Secretary of the Department of Health and Human Services, is a cost-sharing arrangement under which the federal government reimburses a portion of the…

2Cases cited7 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  3. MATTER OF JOSEY v. GoordNew York Court of Appeals · 2007
  4. Evans v. MonaghanNew York Court of Appeals · 1954
  5. New York State Medical Transporters Ass'n v. PeralesNew York Court of Appeals · 1990

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3Cited by20 opinions

  1. ABN AMRO Bank, N.V. v. MBIA Inc.New York Court of Appeals · 2011
  2. County of Niagara v. DainesAppellate Division of the Supreme Court of the State of New York · 2010
  3. Stanley B. v. ShahAppellate Division of the Supreme Court of the State of New York · 2013
  4. Bello v. New York State Office of Temporary & Disability AssistanceAppellate Division of the Supreme Court of the State of New York · 2011
  5. Matter of Krooks v. DelaneyAppellate Division of the Supreme Court of the State of New York · 2022

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