Tutino v. Perales
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kooper, J.
The issue in this proceeding is whether the New York State Commissioner of Social Services may require a person who is both the settlor and income beneficiary of an inter vivos trust to execute an assignment of her right to seek an allowance from principal pursuant to EPTL 7-1.6 (b) as a prerequisite to the granting of medical assistance. We answer *183the foregoing question in the affirmative and, accordingly, confirm the determination of the respondent Commissioner of the New York State Department of Social Services.
I
On April 24, 1984, the settlors May and Vincent…
2Cases cited18 opinions
- Dumbleton v. ReedNew York Court of Appeals · 1976
- In re the Estate of EscherNew York Surrogate's Court · 1978
- In re GrossNew York Court of Appeals · 1981
- Consumer Protection Board v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1982
- Flynn v. BatesAppellate Division of the Supreme Court of the State of New York · 1979
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Molloy v. BaneAppellate Division of the Supreme Court of the State of New York · 1995
- DeLuca v. GalloAppellate Division of the Supreme Court of the State of New York · 2001
- Frey v. O'ReaganAppellate Division of the Supreme Court of the State of New York · 1995
- Sunrise Manor Center for Nursing & Rehabilitation ex rel. Gronert v. NovelloAppellate Division of the Supreme Court of the State of New York · 2005
- In re the Conservatorship of GarbowNew York Surrogate's Court · 1992
6 more not listed; retrieve them via the Exa API.