Legal Opinion
Absolut Care of Three Rivers v. Shah
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2012Published
1Opinion of the CourtRose, J.
“In reviewing a Medicaid eligibility determination rendered after a hearing, this Court must ‘review the record, as a whole, to determine if the agency’s decisions are supported by substantial evidence and are not affected by an error of law’ ” (Matter of Mallery v Shah, 93 AD3d 936, 937 [2012], quoting Matter of Campbell v Commissioner of NY. State Dept. of Health, 14 AD3d 766, 768 [2005]; accord Matter of Loiacono v Demarzo, 72 AD3d 969, 969 [2010]; Matter of Rogers v Novello, 26 AD3d 580, 581 [2006]). Here, the record discloses that decedent’s mother established a trust in 1995, naming…
2Cases cited4 opinions
- Loiacono v. DemarzoAppellate Division of the Supreme Court of the State of New York · 2010
- Rogers v. NovelloAppellate Division of the Supreme Court of the State of New York · 2006
- Mallery v. ShahAppellate Division of the Supreme Court of the State of New York · 2012
- Campbell v. Comnissioner of New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2005