§Why CasetextPricing

Clarence Gaines, as the Executor of the Estate of Janie Gaines, Deceased, Respondent,v.City of New York, et al., Defendants, Department of Social Services of the City of New York, Appellant.

Brief

17 Cited authorities

  1. Leon v. Martinez

    84 N.Y.2d 83 (N.Y. 1994)   Cited 9,630 times   4 Legal Analyses
    Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss

  2. United States v. Locke

    529 U.S. 89 (2000)   Cited 438 times   3 Legal Analyses
    Holding that the presumption does not apply in areas with a "history of significant federal presence"

  3. Lewis v. Alexander

    685 F.3d 325 (3d Cir. 2012)   Cited 90 times
    Holding the Pennsylvania statute that limited a trustee to retaining only 50% of remaining trust balance was preempted by 42 U.S.C. § 1396p(d)(C) because that statute "leaves it to the trust to decide how much—if any—money should be provided to the State to reimburse it for Medicaid expenses"

  4. Chateau D' If Corp. v. City of New York

    219 A.D.2d 205 (N.Y. App. Div. 1996)   Cited 127 times
    Holding that because "a liquidated damages clause and a provision entitling a nondefaulting vendor to further damages are incompatible and cannot coexist," the liquidated damages provision is rendered unenforceable

  5. Sai Kwan Wong ex rel. Wong v. Doar

    571 F.3d 247 (2d Cir. 2009)   Cited 65 times
    Concluding that "Congress did not speak directly to the issue" before proceeding to apply Skidmore deference

  6. 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

  7. People v. Miran

    107 A.D.3d 28 (N.Y. App. Div. 2013)   Cited 9 times

    2013-04-26 The PEOPLE of the State of New York, Respondent, v. Michael MIRAN, Defendant–Appellant. (Appeal No. 1.) The Parrinello Law Firm, LLP, Rochester (Bruce F. Freeman of Counsel), and Cerulli, Massare & Lembke, for Defendant–Appellant. Eric T. Schneiderman, Attorney General, Albany (Jodi A. Danzig of Counsel), for Respondent. Opinion by FAHEY The Parrinello Law Firm, LLP, Rochester (Bruce F. Freeman of Counsel), and Cerulli, Massare & Lembke, for Defendant–Appellant. Eric T. Schneiderman, Attorney

  8. Roloff v. Sullivan

    975 F.2d 333 (7th Cir. 1992)   Cited 21 times
    In Roloff, the plaintiffs could not demonstrate that they were entitled to receive SSI benefits for the months in which they were denied medicaid benefits.

  9. Rubinberg v. Stone Jupiter Trust

    2013 N.Y. Slip Op. 33129 (N.Y. Sup. Ct. 2013)

    Index No. 13-13386 Mot. Seq. # 001 - MD 12-04-2013 RANDY STONE RUBINBERG, Petitioner, v. STONE JUPITER TRUST, Respondent. BAINTON LYNCH, LLP Attorney for Petitioner ARENT FOX KINTNER PLOTKIN Attorney for Respondent Garguilo COPY MEMORANDUM By: Garguilo, J.S.C. CDISPSUBJ BAINTON LYNCH, LLP Attorney for Petitioner ?/P? ARENT FOX KINTNER PLOTKIN Attorney for Respondent In this special proceeding pursuant to CPLR Article 77, the petitioner Randi Stone Rubinberg seeks to compel her mother, Nancy Stone

  10. In re Application of McCloskey Family Revocable Trust

    2012 N.Y. Slip Op. 32814 (N.Y. Sup. Ct. 2012)

    INDEX NO.: 0014320/2012 11-13-2012 In the Matter of the Application of McCLOSKEY FAMILY REVOCABLE TRUST, SEEKING A TEMPORARY RESTRAINING ORDER AGAINST VALERIE VIGNONA, A REMOVAL OF VALERIE VIGNONA AS A TRUSTEE AND REVOKING HER POWERS AS A TRUSTEE AND DIRECTING THE RETURN OF MONIES IMPROPERLY WITHDRAWN FROM THE TRUST MARONEY & By: Cristina Prieto, Esq. Attys. for Petitioner McCloskey Family Revocable Trust and co-trustee Carolyn A. Miranda RUSSO, KARL, WIDMAIER & CORDANO, PLLC By: Terry J. Karl, Esq

  11. Section 1396a - State plans for medical assistance

    42 U.S.C. § 1396a   Cited 3,537 times   39 Legal Analyses
    Concluding paragraph, exception

  12. Section 1396p - Liens, adjustments and recoveries, and transfers of assets

    42 U.S.C. § 1396p   Cited 855 times   13 Legal Analyses
    Listing covered long-term care benefits, including nursing facility services

  13. 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