MATTER OF SPENCER v. PERALES


135 A.D.2d 1080 (1987)

In the Matter of James W. Spencer, as Attorney-in-Fact for Hazel M. Spencer, Petitioner, v. Cesar A. Perales, 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, Fourth Department.

December 18, 1987


Determination unanimously confirmed and petition dismissed without costs.

Memorandum:

Shortly after Hazel Spencer became a resident of a nursing home, petitioner, who is Spencer's nephew and attorney-infact, offered to assign the proceeds of a pending liquidation of her property to respondent Hackett, the Cattaraugus County Commissioner of Social Services. Hackett refused the assignment and subsequently rejected petitioner's application for medical assistance...

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