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MATTER OF CASE v. BERGER

56 A.D.2d 714 (1977)

In the Matter of Ruth E. Case, Petitioner, v. Stephen Berger, as Commissioner of The New York State Department of Social Services, et al., Respondents

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

February 18, 1977

Determination unanimously annulled, without costs.

Memorandum:

Edith Case, an 82-year-old widow presently residing at the Castle Rest Nursing Home in Syracuse, qualified for medical assistance on January 1, 1973. Prior to her application for assistance and until September 10, 1974 she was the owner of a house at 3433 Cedarvale Road in the Town of Onondaga. On September 10, 1974 Mrs. Case transferred this property to her daughter, Ruth. There was no monetary...

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