Fili v. Perales

Appellate Division of the Supreme Court of New York

Fili v. Perales

188 A.D.2d 600, 592 N.Y.S.2d 610, 1992 N.Y. App. Div. LEXIS 14427

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

DecidedDecember 21, 1992

StatusPublished

Cited by1 cases

This text of 188 A.D.2d 600 (Fili v. Perales) 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.

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Fili v. Perales, 188 A.D.2d 600, 592 N.Y.S.2d 610, 1992 N.Y. App. Div. LEXIS 14427 (N.Y. Ct. App. 1992).

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Opinion

Proceeding pursuant to [601]*601CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated October 19, 1989, which, after a fair hearing, denied the petitioner’s application for medical assistance.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

We reject the petitioner’s contention that she produced sufficient evidence at the fair hearing to show that the transfer of $30,000 to her children was made for purposes other than to qualify for medical assistance (see, Social Services Law § 366 [5] [a], [b]; Matter of Pellegrini v Reidy, 150 AD2d 866). We have considered the petitioner’s other arguments and find them to be without merit. Mangano, P. J., Sullivan, O’Brien, Ritter and Pizzuto, JJ., concur.

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Proceeding pursuant to [601]*601CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated October 19, 1989, which, after a fair hearing, denied the petitioner’s application for medical assistance.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

We reject the petitioner’s contention that she produced sufficient evidence at the fair hearing to show that the transfer of $30,000 to her children was made for purposes other than to qualify for medical assistance (see, Social Services Law § 366 [5] [a], [b]; Matter of Pellegrini v Reidy, 150 AD2d 866). We have considered the petitioner’s other arguments and find them to be without merit. Mangano, P. J., Sullivan, O’Brien, Ritter and Pizzuto, JJ., concur.

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Bluebook (online)

188 A.D.2d 600, 592 N.Y.S.2d 610, 1992 N.Y. App. Div. LEXIS 14427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fili-v-perales-nyappdiv-1992.

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