De Santis v. Wing

Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner commenced this CPLR article 78 proceeding to annul the determination denying him medical assistance benefits on the ground that he and his wife had transferred four parcels of real property to their sons without consideration and imposing a penalty period upon his receipt of Medicaid benefits based on that transfer (see, 18 NYCRR 360-4.4 [c] [1] [i]). According to petitioner’s wife, she and petitioner had transferred the retail appliance business located on the real property to their sons in 1985…