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MATTER OF CAMPBELL v. COMMISSIONER OF N.Y. STATE DEPT. OF HEALTH

14 A.D.3d 766 (2005)

787 N.Y.S.2d 491

In the Matter of CLIFFORD CAMPBELL, Petitioner, v. COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

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

January 6, 2005.

Mugglin, J.

Petitioner applied to the Columbia County Department of Social Services (hereinafter DSS) on November 30, 2000 for Medical Assistance (hereinafter MA) retroactive to August 1, 2000. DSS determined petitioner to be not then eligible to receive MA because he and his wife had transferred assets valued in excess of $250,000 for no consideration. At issue is (1) a gift of $10,000 by petitioner's wife to each of their 12 grandchildren, (2) the transfer of $8...

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