FERRUGIA v. DEPT. OF HEALTH


192 Misc.2d 709 (2002)

747 N.Y.S.2d 314

MARTHA FERRUGIA, Petitioner, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

Supreme Court, Chautauqua County.

September 3, 2002.


Attorney(s) appearing for the Case

Debora K. Becerra for petitioner.

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

Betsy S. Steger for Chautauqua County Department of Social Services, respondent.


OPINION OF THE COURT

JOSEPH GERACE, J.

This is a petition pursuant to article 78 of the CPLR. Petitioner seeks to reverse the determination of the respondents, reached after a fair hearing before the State Department of Health, denying petitioner's application for medical assistance (MA). At issue is whether or not petitioner's failure to exercise an option to name herself as beneficiary of a living trust can...

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