Licitra v. D'Elia

Appellate Division of the Supreme Court of New York

Licitra v. D'Elia

126 A.D.2d 644, 510 N.Y.S.2d 1002, 1987 N.Y. App. Div. LEXIS 41775

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

DecidedJanuary 20, 1987

StatusPublished

This text of 126 A.D.2d 644 (Licitra v. D'Elia) 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

Licitra v. D'Elia, 126 A.D.2d 644, 510 N.Y.S.2d 1002, 1987 N.Y. App. Div. LEXIS 41775 (N.Y. Ct. App. 1987).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Perales dated January 11, 1985, which, after a fair hearing, affirmed the respondent D’Elia’s denial of Maria Licitra’s application for medical assistance.

[645]*645Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

We find that the Commissioner’s determination is supported by substantial evidence in the record that Maria Licitra transferred assets within 24 months of applying for medical assistance in order to qualify for such assistance (Social Services Law § 366 [5] [b] [2]). We, therefore, confirm the determination to deny benefits to her (see, Matter of Pell v Board of Educ., 34 NY2d 222). Niehoff, J. P., Rubin, Eiber and Kunzeman, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent Perales dated January 11, 1985, which, after a fair hearing, affirmed the respondent D’Elia’s denial of Maria Licitra’s application for medical assistance.

[645]*645Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

We find that the Commissioner’s determination is supported by substantial evidence in the record that Maria Licitra transferred assets within 24 months of applying for medical assistance in order to qualify for such assistance (Social Services Law § 366 [5] [b] [2]). We, therefore, confirm the determination to deny benefits to her (see, Matter of Pell v Board of Educ., 34 NY2d 222). Niehoff, J. P., Rubin, Eiber and Kunzeman, JJ., concur.

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Bluebook (online)

126 A.D.2d 644, 510 N.Y.S.2d 1002, 1987 N.Y. App. Div. LEXIS 41775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/licitra-v-delia-nyappdiv-1987.

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