Dalotto v. Toia

Appellate Division of the Supreme Court of New York

Dalotto v. Toia

59 A.D.2d 783, 398 N.Y.S.2d 999, 1977 N.Y. App. Div. LEXIS 13841

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 31, 1977

StatusPublished

This text of 59 A.D.2d 783 (Dalotto v. Toia) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dalotto v. Toia, 59 A.D.2d 783, 398 N.Y.S.2d 999, 1977 N.Y. App. Div. LEXIS 13841 (N.Y. Ct. App. 1977).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner of the Department of Social Services, dated October 15, 1976 and made after a fair hearing, which affirmed a determination of the local agency denying petitioner’s application for medical assistance. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. On this record we agree that the evidence presented by petitioner to explain a transfer of funds was insufficient to overcome the statutory presumption contained in section 366 (subd 1, par [e]) of the Social Services Law that such transfers, if made within one year of the date of application, as was the situation here, are presumed to have been made for the purpose of qualifying for public assistance. Shapiro, J. P., Titone, Suozzi and O’Connor, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner of the Department of Social Services, dated October 15, 1976 and made after a fair hearing, which affirmed a determination of the local agency denying petitioner’s application for medical assistance. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. On this record we agree that the evidence presented by petitioner to explain a transfer of funds was insufficient to overcome the statutory presumption contained in section 366 (subd 1, par [e]) of the Social Services Law that such transfers, if made within one year of the date of application, as was the situation here, are presumed to have been made for the purpose of qualifying for public assistance. Shapiro, J. P., Titone, Suozzi and O’Connor, JJ., concur.

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Bluebook (online)

59 A.D.2d 783, 398 N.Y.S.2d 999, 1977 N.Y. App. Div. LEXIS 13841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dalotto-v-toia-nyappdiv-1977.