Arlasky v. Dimitri

Proceeding under CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by an order of the Supreme Court at Special Term, entered in Broome County) to annul a determination of the Commissioner of Social Services which denied petitioner’s application for medical assistance. On May 4, 1970 petitioner, an 84-year-old woman confined to a nursing home, transferred an income producing business property in trust for the benefit of her retarded 52-year-old son. The income was to be paid to the son during his lifetime, with invasion powers to the…