VITALE v. WOODHOUSE (2000)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Jane VITALE, Petitioner-Appellant, v. W. Michael WOODHOUSE, as Commissioner of Livingston County Department of Social Services, Barbara A. De Buono, M.D., M.P.H., as Commissioner of New York State Department of Health, and Brian J. Wing, as Commissioner of New York State Department of Social Services, Respondents-Respondents.

Decided: March 29, 2000

PRESENT: PIGOTT, JR., P.J., GREEN, WISNER, SCUDDER and KEHOE, JJ.

Robert H. Slocum, Kendall, for petitioner-appellant. Kathleen M. Treasure, Albany, for respondents-respondents Barbara A. De Buono, M.D., M.P.H., as Commissioner of New York State Department of Health. John T. Sylvester, for respondent-respondent W. Michael Woodhouse, as Commissioner of Livingston County Department of Social Services.

Supreme Court properly confirmed the determination denying the application of petitioner for medical assistance on the ground that her available resources exceed financial eligibility standards. Under the terms of the irrevocable trust created by petitioner in 1986, the trustees “are authorized in their sole and absolute discretion at any time” to make payments from the trust corpus for the benefit of petitioner. Thus, in determining petitioner's financial eligibility, the trust corpus was properly considered a resource available to petitioner (see, Social Services Law § 366[2] [b][2][ii]; 18 NYCRR 360-4.5[a] ).

Judgment unanimously affirmed without costs.

MEMORANDUM:

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