COMMR. OF DSS v. SPELLMAN


173 Misc.2d 979 (1997)

661 N.Y.S.2d 895

Commissioner of the Department of Social Services of the City of New York, Plaintiff, v. Benjamin Spellman, Defendant.

Supreme Court, New York County.

February 5, 1997


Attorney(s) appearing for the Case

Littman Krooks Roth & Ball, P. C., New York City (Bernard Krooks of counsel), for defendant. Douglas R. Israel and Howard K. Gibbs, New York City, for plaintiff.


JANE S. SOLOMON, J.

This action by the Commissioner of the Department of Social Services of the City of New York (the Department) against defendant Benjamin Spellman is brought to recover benefits paid under the auspices of the Federal Medical Assistance program (Medicaid) for the care of defendant's wife, who is in a nursing home. Mr. Spellman moves to dismiss, raising an issue of first impression: whether...

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