COMMISSIONER OF DEPARTMENT OF SOCIAL SERVICES OF THE CITY OF NEW YORK v. MORELLO


8 A.D.3d 154 (2004)

779 N.Y.S.2d 61

COMMISSIONER OF THE DEPARTMENT OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Appellant, v. JOSEPH MORELLO, JR., Respondent.

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

June 22, 2004.


The trial court held that the house conveyed to defendant by his father upon the express condition that the father was to live there for the remainder of his life cannot be considered an available resource for purpose of Medicaid reimbursement. Such holding is based on the conclusion that, as the relative responsible for his wife's care, defendant lacked the right to dispose of the house "at the time the department furnishe[d] the assistance." However, the only basis for...

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