1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 8 N.Y.3d
  5. 8 N.Y.3d 724 (2007)
 

MATTER OF TOMECK

8 N.Y.3d 724 (2007)

872 N.E.2d 236

840 N.Y.S.2d 550

In the Matter of the Estate of MARGARET M. TOMECK, Deceased. EDWARD M. TOMECK, as Executor of MARGARET M. TOMECK, Deceased, Respondent-Appellant; ROBERT CHRISTOPHER, as Commissioner of Social Services of Saratoga County, Appellant-Respondent, et al., Respondent.

Court of Appeals of the State of New York.

Decided June 28, 2007.

Attorney(s) appearing for the Case

Mark M. Rider, County Attorney, Ballston Spa (Hugh G. Burke of counsel), for appellant-respondent.

Pierro & Associates, LLC, Albany (Louis W. Pierro of counsel), for respondent-appellant.

Andrew M. Cuomo, Attorney General, Albany (Caitlin J. Halligan, Daniel Smirlock and Victor Paladino of counsel), amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

The Commissioner of the Saratoga County Department of Social Services (the County DSS) seeks to recoup Medicaid payments made on behalf of John M. Tomeck (the husband) from the estate of Margaret M. Tomeck (the wife) and a trust that she created. To resolve this appeal, we must consider the spousal impoverishment provisions of the Medicaid Act (42 USC § 1396r-5) and its state counterpart (Social Services Law § 366...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases