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GOLD v. UNITED HEALTH SERVS

95 N.Y.2d 683 (2001)

746 N.E.2d 172

723 N.Y.S.2d 117

ABRAHAM GOLD, an Infant, by KATHLEEN A. GOLD, His Mother and Natural Guardian, et al., Appellants, v. UNITED HEALTH SERVICES HOSPITALS, INC., Doing Business as CHARLES S. WILSON MEMORIAL HOSPITAL, et al., Defendants. NEW YORK STATE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES et al., Respondents. KIMBERLY SANTIAGO, an Infant, by BENITA SANTIAGO, Her Mother and Natural Guardian, et al., Appellants, v. CRAIGBRAND REALTY CORP. et al., Defendants. NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES, Respondent.

Court of Appeals of the State of New York.

Decided February 15, 2001.

Attorney(s) appearing for the Case

Hinman, Howard & Kattell, L. L. P., Binghamton (James M. Hayes of counsel), and Gair, Gair, Conason, Steigman & Mackauf, New York City, for appellants in the first above-entitled action.

Eliot Spitzer, Attorney General, Albany (Kathleen M. Treasure, Preeta D. Bansal, Daniel Smirlock and Nancy A. Spiegel of counsel), for New York State Office of Mental Retardation and Developmental Disabilities, respondent in the first above-entitled action.

Howard Schultz, Deputy County Attorney of Broome County, Binghamton, for Broome County Department of Social Services, respondent in the first above-entitled action.

Fitzgerald & Fitzgerald, P.C., Yonkers (Brian J. Farrell, John E. Fitzgerald, John M. Daly and Eugene S. R. Pagano of counsel), for appellants in the second above-entitled action.

Michael D. Hess, Corporation Counsel of New York City (Mordecai Newman and Larry A. Sonnenshein of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur; Judge GRAFFEO taking no part.

OPINION OF THE COURT

ROSENBLATT, J.

Social Services Law § 104 (2) limits the amount a public welfare official may recoup from an infant who receives public assistance benefits. In these two cases, we must decide whether Medicaid's recoupment provisions are subject to this limitation. We conclude that they are not.

Kimberly Santiago

Kimberly Santiago, an infant, was allegedly poisoned by lead paint in her apartment. Benita Santiago...

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