MATTER OF WOYTISEK v. NOVELLO


309 A.D.2d 869 (2003)

766 N.Y.S.2d 54

In the Matter of CHRISTINE WOYTISEK, Appellant, v. ANTONIA C. NOVELLO, Respondent.

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

Decided October 20, 2003.


Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner and her husband entered the Glengariff Nursing Home on February 1, 2000. Thereafter, the two transferred assets totalling over $100,000 as a result of which, pursuant to the applicable Medicaid regulations, they faced a penalty period of ineligibility for benefits of approximately 16 months. However, the applicable Medicaid regulations...

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