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MATTER OF TUTINO v. PERALES

153 A.D.2d 181 (1990)

In the Matter of May Tutino, by Her Guardian ad Litem, Thomas Portela, Petitioner, v. Cesar 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, Second Department.

January 16, 1990

Attorney(s) appearing for the Case

Certilman Balin Adler & Hyman (Murray Greenberg of counsel), for petitioner.

Robert Abrams, Attorney-General (Mary Lou Posner of counsel), for Commissioner of New York State Department of Social Services, respondent.

BROWN, J. P., EIBER and ROSENBLATT, JJ., concur.

KOOPER, J.

The issue in this proceeding is whether the New York State Commissioner of Social Services may require a person who is both the settlor and income beneficiary of an inter vivos trust to execute an assignment of her right to seek an allowance from principal pursuant to EPTL 7-1.6 (b) as a prerequisite to the granting of medical assistance. We answer the...

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