MATTER OF SIMMONS v. DAINES

507974.

71 A.D.3d 1322 (2010)

898 N.Y.S.2d 283

In the Matter of HENRY SIMMONS, Petitioner, v. RICHARD F. DAINES, as Commissioner of Health, et al., Respondents.

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

Decided March 18, 2010.


Malone Jr., J.

Petitioner and his wife applied for Medicaid nursing home services benefits in July 2007. During the application review process, respondent Acting Commissioner of Otsego County Department of Social Services discovered, as is relevant here, that in July 2006, petitioner's son, James Simmons, who held power of attorney for petitioner, had deposited $47,200 into a bank account owned solely by petitioner and...

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