Van Dyke v. New York State Department of Social Services

Levine, J. (concurring in part and dissenting in part).

In our view, the determination of the State Commissioner of Social Services (hereinafter Commissioner) should be confirmed in its entirety. With regard to the June 1988 and October 1988 transfers of funds for the purchase of the mobile home, the majority concludes that there is insufficient evidence in the record to support the Commissioner’s determination that petitioner failed to rebut the statutory presumption that the transfers were made for the purpose of qualifying for medical assistance. We disagree.

The burden of rebutting the…