11 Cited authorities

  1. Leon v. Martinez

    84 N.Y.2d 83 (N.Y. 1994)   Cited 9,542 times   4 Legal Analyses
    Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss
  2. In re the Estate of Abraham XX.

    2008 N.Y. Slip Op. 9005 (N.Y. 2008)   Cited 22 times
    Holding that "[t]here is no temporal limitation" to a state's "right to recover the total Medicaid paid on behalf of" the beneficiary of a special needs trust
  3. In re Doman

    68 A.D.3d 862 (N.Y. App. Div. 2009)   Cited 18 times

    No. 2008-10295. December 8, 2009. In a probate proceeding, in which Cynthia P. Schneider petitioned, inter alia, to invalidate an inter vivos trust, the petitioner, as the preliminary executor of the Estate of Judith N. Doman, appeals from an order of the Surrogate's Court, Suffolk County (Czygier, S.), dated September 23, 2008, which granted the pre-answer motion of the coexecutors of the estate of Nicholas Doman to dismiss the petition pursuant to CPLR 3211. Arnold Porter, LLP, New York, N.Y. (Charles

  4. Fasano v. Digiacomo

    49 A.D.3d 683 (N.Y. App. Div. 2008)   Cited 9 times

    No. 2007-02603. March 18, 2008. In an action, inter alia, for a judgment pursuant to RPAPL article 15 declaring, among other things, that certain deeds conveying certain real property are null and void, the plaintiff appeals from an order of the Supreme Court, Queens County (Rosengarten, J.), entered March 5, 2007, which denied those branches of his motion which were for summary judgment on the third cause of action for an accounting and for summary judgment declaring, inter alia, that his mother

  5. In re Woolworth

    76 A.D.3d 160 (N.Y. App. Div. 2010)   Cited 5 times

    No. CA 10-00127. June 11, 2010. APPEAL from an order of the Surrogate's Court, Oswego County (John J. Elliott, S.), entered August 25, 2009. The order, insofar as appealed from, denied that part of the petition seeking approval of a supplemental needs trust. Harris Beach PLLC, Buffalo ( Colleen E. Buonocore of counsel), for appellant. Kevin C. Caraccioli, Mexico, for respondent. Before: SCUDDER, P.J., PERADOTTO, LINDLEY and GORSKI, JJ. OPINION OF THE COURT GREEN, J. Petitioner, as administratrix

  6. Perdomo v. Morgenthau

    60 A.D.3d 435 (N.Y. App. Div. 2009)   Cited 5 times

    No. 5437. March 5, 2009. Judgment, Supreme Court, New York County (Emily Jane Goodman, J.), entered December 5, 2007, insofar as appealed from, granting plaintiff's motion for a declaration that defendant District Attorney does not have the authority to mandate his approval of a settlement agreement between a landlord and tenant in an illegal use eviction proceeding brought pursuant to RPAPL 715 at the direction of the District Attorney, unanimously affirmed, without costs. Robert M. Morgenthau,

  7. Brown v. Spohr

    180 N.Y. 201 (N.Y. 1904)   Cited 109 times
    In Brown v. Spohr, 180 N.Y. 201, at page 209, 73 N.E. 14 at page 16, the court included the following as the essential element of an express trust: `(1) A designated beneficiary; (2) a designated trustee, who must not be the beneficiary; (3) a fund or other property sufficiently designated or identified to enable title thereto to pass to the trustee; and (4) the actual delivery of the fund or other property, or of a legal assignment thereof to the trustee, with the intention of passing legal title thereto to him as trustee.
  8. Section 1396p - Liens, adjustments and recoveries, and transfers of assets

    42 U.S.C. § 1396p   Cited 850 times   13 Legal Analyses
    Listing covered long-term care benefits, including nursing facility services
  9. Section 369 - Application of other provisions

    N.Y. Soc. Serv. Law § 369   Cited 93 times

    1. All provisions of this chapter not inconsistent with this title shall be applicable to medical assistance for needy persons and the administration thereof by the social services districts. 2. (a) Notwithstanding any inconsistent provision of this chapter or other law, no lien may be imposed against the property of any individual prior to his or her death on account of medical assistance paid or to be paid on his or her behalf under this title, except: (i) pursuant to the judgment of a court on

  10. Section 104-B - Liens for public assistance and care on claims and suits for personal injuries

    N.Y. Soc. Serv. Law § 104-B   Cited 89 times

    1. If a recipient of public assistance and care shall have a right of action, suit, claim, counterclaim or demand against another on account of any personal injuries suffered by such recipient, then the public welfare official for the public welfare district providing such assistance and care shall have a lien for such amount as may be fixed by the public welfare official not exceeding, however, the total amount of such assistance and care furnished by such public welfare official on and after the

  11. Section 600.10 - Format and content of records, appendices and briefs

    N.Y. Comp. Codes R. & Regs. tit. 22 § 600.10   Cited 11 times

    (a) Form and size. (1) Generally; paper and page size. Records, appendices and briefs shall be reproduced by any method that produces a permanent, legible, black on white copy and shall be on a good grade of white, opaque, unglazed recycled paper that satisfies the requirements of subdivision (e) of this section. Paper shall measure vertically 11 inches on the bound edge and horizontally 81/2 inches. The clerk may refuse to accept for filing a paper which is not legible or otherwise does not comply