MATTER OF DALOTTO v. TOIA


59 A.D.2d 783 (1977)

In the Matter of Anthony Dalotto, Petitioner, v. Philip Toia, 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, Second Department.

October 31, 1977


Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

On this record we agree that the evidence presented by petitioner to explain a transfer of funds was insufficient to overcome the statutory presumption contained in section 366 (subd 1, par [e]) of the Social Services Law that such transfers, if made within one year of the date of application, as was the situation here, are presumed to have been made for the purpose of...

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