Petition granted to the extent that the determination is annulled, on the law and in the interest of justice, without costs or disbursements, and the matter is remanded to the respondent State commissioner for a de novo hearing and a new determination of whether the presumption that the petitioner transferred funds in order to qualify for medical assistance (Social Services Law, § 366, subd 1, par [e]) was rebutted in the light of all available evidence.
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