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MTR. OF RINEFIERD v. BLUM

66 A.D.2d 351 (1979)

In the Matter of Herman Rinefierd, Jr., Petitioner, v. Barbara Blum, as Acting 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.

January 19, 1979

Attorney(s) appearing for the Case

Frank Clark for appellant.

Louis J. Lefkowitz, Attorney-General (Anne S. Meadvin, Alan W. Rubenstein and Sidney L. Grossman of counsel), for Barbara Blum, respondent.

James H. Hughes (John A. Barnaba of counsel), for John L. Lascaris, respondent.

MOULE, J. P., SIMONS, DILLON and HANCOCK, JR., JJ., concur.

CARDAMONE, J.

On December 8, 1975 Herman Rinefierd entered a nursing home at age 85. Nine months later he sold his home and in October, 1976 distributed the nearly $20,000 to his five sons. A year later his son, Herman Rinefierd, Jr., the petitioner, applied for medical assistance on behalf of his then 87-year-old father. The local agency denied the application on the ground that the senior Rinefierd had transferred...

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