MATTER OF ARLASKY v. DIMITRI


38 A.D.2d 665 (1971)

In the Matter of Rose Arlasky, Petitioner, v. Peter Dimitri, as Commissioner of The City of Binghamton Department of Social Services, et al., Respondents

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

December 22, 1971


On May 4, 1970 petitioner, an 84-year-old woman confined to a nursing home, transferred an income producing business property in trust for the benefit of her retarded 52-year-old son. The income was to be paid to the son during his lifetime, with invasion powers to the trustees, and upon the death of the son, the balance remaining to the petitioner's other children per stirpes. This transfer left her with no other resources. While petitioner was receiving Medicare benefits...

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