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IN THE MATTER OF FERRUGIA v. NEW YORK STATE DEPARTMENT OF HEALTH

3 N.Y.3d 683 (2004)

818 N.E.2d 647

785 N.Y.S.2d 6

In the Matter of MARTHA FERRUGIA, Appellant, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

Court of Appeals of the State of New York.

Decided September 2, 2004.

Attorney(s) appearing for the Case

Koldin Law Center, P.C., East Syracuse (Stephen K. Koldin of counsel), for appellant.

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

Eliot Spitzer, Attorney General, Albany (Kathleen M. Treasure and Peter H. Schiff of counsel), for New York State Department of Health, respondent.

Concur: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, petition granted, respondents' determination denying petitioner's medical assistance application annulled and respondents directed to disregard the income and resources of the subject irrevocable trust in determining petitioner's entitlement to medical assistance, for the reasons stated in the dissent at the Appellate...

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