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IN THE MATTER OF RICE v. NOVELLO

25 A.D.3d 992 (2006)

808 N.Y.S.2d 486

In the Matter of JOHN A. RICE, JR., as Executor of JOHN A. RICE, SR., Deceased, Petitioner, v. ANTONIA C. NOVELLO, as Commissioner of Health, Respondent.

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

January 19, 2006.

Rose, J.

Several months before he died in December 2004, petitioner's decedent applied to the Delaware County Department of Social Services (hereinafter DSS) for Medicaid assistance for his nursing home expenses. Finding that a revocable trust established by decedent in 2001 had not been converted into an irrevocable trust despite the execution of an amendment to that effect by decedent's daughter under a power of attorney in February 2002, DSS attributed the income...

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