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MATTER OF IANNOTTI v. COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH

283 A.D.2d 645 (2001)

725 N.Y.S.2d 866

In the Matter of PELEGRINA IANNOTTI, Petitioner, v. COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

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

Decided May 29, 2001.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

There is substantial evidence in the record to support the determination that the petitioner has excess available resources in an inter vivos trust (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176). The determination that the appointed "trust protector" had been given discretionary...

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