Legal Opinion · Dissent

Robbins v. Perales

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

Decided March 10, 1989Published

1DissentLawton, J.

I respectfully dissent. Applying the *937test set down by the Court of Appeals in Matter of Gray v Adduci (73 NY2d 741) for appellate review of administrative decisions such as this, I believe that the determination should be confirmed.

On January 18, 1985, petitioner, an 82-year-old woman, while a patient in a nursing home following her hospitalization for treatment of an ulcerated leg and a stroke, deeded to her two sons her home in exchange for two notes totaling $18,000. When the notes became due on October 15, 1985, and while still a patient at the nursing home, she forgave payment on the two…

2Cases cited3 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Gray v. AdduciNew York Court of Appeals · 1988
  3. Rizzuto v. BlumAppellate Division of the Supreme Court of the State of New York · 1984

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