SWEENEY v. D'ELIA


49 A.D.2d 593 (1975)

Henry Sweeney, Petitioner, v. Joseph D'Elia, as Commissioner of The Nassau County Department of Social Services, et al., Respondents

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

July 7, 1975


Determination annulled, on the law and in the interests of justice, petition granted, without costs, and the matter is remanded to respondents for further proceedings not inconsistent herewith.

The 82-year-old petitioner was denied medical assistance for failure to rebut the statutory presumption that the transfer by him of his dwelling to his daughter and son-in-law within one year prior to the date of his application for medical assistance was made for the purpose...

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