MATTER OF NORTH SHORE UNIV. HOSP. v. D'ELIA


79 A.D.2d 605 (1980)

In the Matter of North Shore University Hospital, as Attorney in Fact for Winifred Lanham, Petitioner, v. Joseph A. D'Elia, as Commissioner of The Nassau County Department of Social Services, et al., Respondents

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

December 1, 1980


Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements, and the matter is remanded to the respondents for further proceedings not inconsistent herewith.

We find that Winifred Lanham, petitioner's former patient, presented sufficient evidence to rebut the presumption that the real property she transferred within two days of filing her initial application for medical assistance...

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