MATTER OF UNDERWOOD v. ZUCKER

749 TP 20-00184.

191 A.D.3d 1438 (2021)

141 N.Y.S.3d 622

2021 NY Slip Op 00951

In the Matter of Victoria R. Underwood, Petitioner, v. Howard Zucker, Commissioner, New York State Department of Health, Respondent.

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

Decided February 11, 2021.


Attorney(s) appearing for the Case

HINMAN, HOWARD & KATTELL, LLP, SYRACUSE ( DEREK S. UNDERWOOD OF COUNSEL), FOR PETITIONER.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( JONATHAN D. HITSOUS OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Centra, Peradotto, Lindley and Bannister, JJ.


It is hereby ordered that the determination so appealed from is unanimously modified on the law and the petition is granted in part by annulling the determination insofar as it found that petitioner was ineligible for nursing facility services for a penalty period of 22 months and that uncompensated transfers were made for amounts related to the unpaid balance of a loan to Yogurt Gone Wild, Inc., gifts to the daughter that predate 2016, that portion of a car loan to the son...

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