Javeline v. Whalen

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent, Dennis Whalen, as Commissioner of the New York State Department of Health, dated March 11, 2000, made after a hearing, which found that the deceased was ineligible for medical assistance for a period of 6.803 months because she had transferred assets to the petitioner for less than fair market value within the previous 36 months before applying for assistance.

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

The deceased, Shirley Javeline, transferred three…