In the Matter of KASHMIRA SHAH, Respondent.
HELEN HAYES HOSPITAL et al., Appellants.
In the Matter of BIPIN SHAH, Respondent,
v.
BARBARA DeBUONO, as Health Commissioner of the State of New York, et al., Appellants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued May 10, 2000.
Decided June 8, 2000.
Attorney(s) appearing for the Case
Gary C. Samuels, Assistant County Attorney of Rockland County, Pomona (Ralph A. Cipriani and Carol L. Barbash of counsel), for Noah Weinberg, appellant in the first above-entitled proceeding.
Fatoullah Associates, New York City (Ellice Fatoullah of counsel), for respondent in the first above-entitled proceeding.
Eliot Spitzer, Attorney General, New York City (Mark Gimpel,Preeta D. Bansal, Robert Forte and Carol Fisher of counsel), for Barbara DeBuono, appellant in the second above-entitled proceeding.
Gary C. Samuels, Assistant County Attorney of Rockland County, Pomona (Ralph A. Cipriani and Carol L. Barbash of counsel), for Noah Weinberg, appellant in the second above-entitled proceeding.
Fatoullah Associates, New York City (Ellice Fatoullah of counsel), for respondent in the second above-entitled proceeding.
Woods Oviatt Gilman, L. L. P., Rochester (René H. Reixach of counsel), and Booth Harrington Johns & Toman, L. L. P., Greensboro, North Carolina (A. Frank Johns of counsel), for National Academy of Elder Law Attorneys and others, amici curiae in the two above-entitled proceedings.
Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
BELLACOSA, J.
These two appeals bring before this Court novel questions regarding "Medicaid planning" in New York State. We must interpret and resolve intricately intertwined Federal and State laws and regulations as applied in the context of these related proceedings. The lead case, Matter of (Bipin) Shah, poses the question whether Mr. Shah is a resident of New York for purposes...
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