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IN THE MATTER OF ROGERS v. NOVELLO

26 A.D.3d 580 (2006)

809 N.Y.S.2d 250

In the Matter of RAYMOND K. ROGERS, as Attorney-in-Fact for CLAUDIA ROGERS, Petitioner, v. ANTONIA C. NOVELLO, as Commissioner of Health, Respondent.

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

February 2, 2006.

MERCURE, J.

In May 2004, petitioner applied for Medicaid benefits on behalf of his wife, Claudia Rogers, who has resided in a nursing home since December 2003. The Delaware County Department of Social Services approved Medicaid coverage for certain services effective February 1, 2004, but determined that Rogers was not eligible to receive nursing home coverage for a penalty period of approximately 18 months due to prior transfers of assets for less than fair market...

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