Deck v. New York State Department of Social Services

Casey, J. P.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of the State Commissioner of Social Services which denied petitioner’s application for medical assistance.

Petitioner’s application for medical assistance was denied on the ground that certain funds transferred by petitioner during the two-year period prior to her application were available resources (see, Social Services Law § 366 [5]; 18 NYCRR 360.8). The record reveals that a savings account was opened in August 1983 in the name of…