Addington v. Dowling

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition seeking reversal of the fair hearing determination that Ruth C. Addington was ineligible for Medicaid benefits.

Petitioner contends that the transfer by Ruth Addington of assets to a trust created by her husband was subject to an *1081exception to the Medicaid eligibility penalty provisions in 18 NYCRR 360-4.4 (c) (1) (ii); (2) (i). That regulation, promulgated under the Social Services Law, provides that a transfer of assets will not be presumed to have been made for the purpose of meeting…