MATTER OF CLARK v. LAVINE


55 A.D.2d 932 (1977)

In the Matter of Rose Clark, Respondent, v. Abe Lavine, as Commissioner of The Department of Social Services of the State of New York, Appellant, et al., Respondent

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

January 24, 1977


Judgment affirmed, with costs to petitioner.

Petitioner, an 88-year-old widow, applied for medical assistance. The application was denied because she had transferred real and personal property to her son within one year prior to the application. Appellant determined, after a fair hearing, that petitioner failed to rebut the presumption, contained in section 366 (subd 1, par [e]) of the Social Services Law, that the transfers were made for the purpose of qualifying...

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