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MATTER OF ABSOLUT CARE OF THREE RIVS. v. SHAH

514581.

101 A.D.3d 1327 (2012)

955 N.Y.S.2d 706

2012 NY Slip Op 8613

In the Matter of ABSOLUT CARE OF THREE RIVERS, as Temporary Administrator of the Estate of CAROLYN BRADIAN, Deceased, Petitioner, v. NIRAV R. SHAH, as Commissioner of Health, Respondent, et al., Respondent.

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

December 13, 2012.

Rose, J.

After decedent was admitted to petitioner's skilled nursing facility in January 2010, petitioner applied for Medicaid benefits on her behalf. Finding transfers of decedent's assets for less than fair market value, the Schuyler County Department of Social Services determined that decedent was ineligible and would remain so for a penalty period of approximately 13 months (see Social Services Law § 366 [5] [e] [3]). A fair hearing was held and the...

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