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MTR. OF SPETZ v. HEALTH DEPT.

190 Misc.2d 297 (2002)

737 N.Y.S.2d 524

In the Matter of IRENE SPETZ, Petitioner, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

Supreme Court, Chautauqua County.

January 15, 2002.

Attorney(s) appearing for the Case

Koldin Law Center, P. C. (Leonard C. Koldin of counsel), for petitioner.

Eliot Spitzer, Attorney General (Stephen F. Gawlik of counsel), for New York State Department of Health, respondent.

Frederick A. Larson, County Attorney (Kurt Gustafson of counsel), for Chautauqua County Department of Social Services, respondent.

OPINION OF THE COURT

JOSEPH GERACE, J.

This is a CPLR article 78 proceeding in which petitioner, Irene Spetz, challenges the denial of Medicaid benefits by the respondents, New York State Department of Health (the State) and Chautauqua County Department of Social Services (the County). The denial was based upon the creation of a purportedly irrevocable trust by petitioner's husband, Richard Spetz. The County...

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