Legal Opinion
In re Estate of Tomeck
New York Court of Appeals
Decided June 28, 2007PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
The Commissioner of the Saratoga County Department of Social Services (the County DSS) seeks to recoup Medicaid payments made on behalf of John M. Tomeck (the husband) from the estate of Margaret M. Tomeck (the wife) and a trust that she created. To resolve this appeal, we must consider the spousal impoverishment provisions of the Medicaid Act (42 USC § 1396r-5) and its state counterpart (Social Services Law § 366-c), the income-first policy adopted by New York to carry out these provisions (Social Services Law § 366-c [8] [c]), and the anti-alienation provision of…
2Cases cited14 opinions
- Washington State Department of Social & Health Services v. Guardianship Estate of KeffelerSupreme Court of the United States · 2003
- Philpott v. Essex County Welfare BoardSupreme Court of the United States · 1973
- 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
- Robert Morenz and Clara Morenz v. Patricia Wilson-Coker, Commissioner, Connecticut Department of Social Services, No. 04-4107-CvCourt of Appeals for the Second Circuit · 2005
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wojchowski v. DainesCourt of Appeals for the Second Circuit · 2007
- Poindexter v. StateIllinois Supreme Court · 2008
- 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
- Balzarini v. Suffolk County Department of Social ServicesNew York Court of Appeals · 2011
9 more not listed; retrieve them via the Exa API.