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MATTER OF BROWN v. WING

93 N.Y.2d 517 (1999)

715 N.E.2d 479

693 N.Y.S.2d 475

In the Matter of MARIE R. BROWN, Respondent, v. BRIAN J. WING, as Acting Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent. In the Matter of MARIE V. SCHMIDT, Respondent, v. BRIAN J. WING, as Acting Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent. In the Matter of ELIZABETH WALDRON, Respondent, v. BRIAN J. WING, as Acting Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent.

Court of Appeals of the State of New York.

Decided June 3, 1999.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney-General, Albany (Alicia R. Ouellette, Peter H. Schiff, John W. McConnell and Preeta D. Bansal of counsel), for appellant in the three above-entitled proceedings.

Davidow, Davidow, Siegel & Stern, L. L. P., Islandia (Steven H. Stern and Beth L. Polner of counsel), for Marie R. Brown, respondent in the first above-entitled proceeding, Marie V. Schmidt, respondent in the second above-entitled proceeding, and Elizabeth Waldron, respondent in the third above-entitled proceeding.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

BELLACOSA, J.

The common issue in these three jointly considered cases is whether a Medicaid ineligibility period must be fixed as of the first day of the month in which an improper asset transfer takes place, or whether, at the State's option, it may be set as of the first day of the month after the transfer occurred. The Department of Social Services used the latter eligibility option, which resulted in less benefits being allowed...

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