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MATTER OF ESTATE OF SABHARWAL v. NEW YORK STATE DEPT. OF HEALTH

1191 TP 19-01327.

178 A.D.3d 1443 (2019)

112 N.Y.S.3d 657

2019 NY Slip Op 09190

In the Matter of the Estate of Vimal Sabharwal, by Jennifer Flannery, Erie County Administrator, Petitioner, v. New York State Department of Health et al., Respondents.

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

Decided December 20, 2019.

Attorney(s) appearing for the Case

BROWN CHIARI LLP, BUFFALO ( JEFFREY M. SHALKE OF COUNSEL), FOR PETITIONER.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( JONATHAN D. HITSOUS , OF COUNSEL), FOR RESPONDENT NEW YORK STATE DEPARTMENT OF HEALTH.

BONNIE A. McLAUGHLIN , BUFFALO, FOR RESPONDENT AL DIRSCHBERGER, COMMISSIONER, ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES.

Present—Smith, J.P., Peradotto, DeJoseph and Troutman, JJ.

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 seeking to annul that part of a determination made after a fair hearing that decedent was ineligible for Medicaid for a period of 22.327 months on the ground that she had made uncompensated transfers of assets during the look-back period (see 42 USC § 1396p[c][1][B]; Social Services...

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