Mitsch v. Perales

Brown, J.,

dissents and votes to annul the determination of the State Commissioner with the following memorandum, in which Lazer, J. P., concurs. In this proceeding, petitioners seek to annul a determination denying their application for medical assistance on the ground that their available resources for purposes of determining eligibility included *371$30,000 transferred by them to their son during the summer of 1982, and within 24 months of their application for assistance (Social Services Law § 366 [5] [b] [2]).

Under Social Services Law § 366 (5) (b) (2), there is a presumption that the…