38 A.D.2d 665 | N.Y. App. Div. | 1971
Proceeding under CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by an order of the Supreme Court at Special Term, entered in Broome County) to annul a determination of the Commissioner of Social Services which denied petitioner’s application for medical assistance. On May 4, 1970 petitioner, an 84-year-old woman confined to a nursing home, transferred an income producing business property in trust for the benefit of her retarded 52-year-old son. The income was to be paid to the son during his lifetime, with invasion powers to the trustees, and upon the death of the son, the balance remaining to the petitioner’s other children per stirpes. This transfer left her with no other resources. While petitioner was receiving Medicare benefits at such time, they were to expire on July 14, 1970. Prior thereto, and on July 7, 1970, petitioner applied for medical assistance to respondent City of Binghamton Commissioner of Social Services which was denied on the ground that she had transferred real property in order to become eligible for medical assistance. Thereafter a hearing was held before a representative of respondent Commissioner of the New York State Department of Social Services, and the agency’s decision was affirmed. At the time of this determination, the statute provided that medical assistance shall be given to a person who requires such assistance and who “ has not made a voluntary assignment or transfer of property for the purpose of qualifying for
