MATTER OF CORCORAN v. SHAH

689 TP 13-02235.

118 A.D.3d 1473 (2014)

988 N.Y.S.2d 806

2014 NY Slip Op 4649

In the Matter of BEATRICE L. CORCORAN, Petitioner, v. NIRAV R. SHAH, M.D., M.P.H., Commissioner, New York State Department of Health, Respondent.

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

Decided June 20, 2014.


It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding challenging the determination that an 18-month delay in her Medicaid eligibility was properly imposed as a penalty for transferring resources in order to qualify for Medicaid coverage. We confirm the determination. Where a petitioner has transferred assets for less than fair market value...

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