(Download) "Matter Rose Arlasky v. Peter Dimitri" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Rose Arlasky v. Peter Dimitri
- Author : Supreme Court of New York
- Release Date : January 22, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
[38 A.D.2d 665 Page 665] 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 [38 A.D.2d 665 Page 666]