MATTER OF VITALE v. WOODHOUSE


270 A.D.2d 951 (2000)

706 N.Y.S.2d 292

In the Matter of JANE VITALE, Appellant, v. W. MICHAEL WOODHOUSE, as Commissioner of Livingston County Department of Social Services, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 29, 2000.


Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly confirmed the determination denying the application of petitioner for medical assistance on the ground that her available resources exceed financial eligibility standards. Under the terms of the irrevocable trust created by petitioner in 1986, the trustees "are authorized in their sole and absolute discretion at any time" to make payments from the trust corpus for the benefit of...

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