Legal Opinion

Cullen v. New York State Department of Social Services

Appellate Division of the Supreme Court of the State of New York

Decided November 22, 1989PublishedCited by 4 opinions

1Opinion of the Court

— Mikoll, J.

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

The question in this case is whether there is substantial evidence in the record to support the finding that the 83-year-old petitioner’s transfer of two $25,000 Totten trust-type bank accounts to each of her two sons within 24 months of her application for medical assistance was made for purposes of…

2Cases cited6 opinions

  1. In Re the Accounting of TottenNew York Court of Appeals · 1904
  2. Dvelis ex rel. Dvelis v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1989
  3. Lipkin ex rel. Lipkin v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1989
  4. Pellegrini v. ReidyAppellate Division of the Supreme Court of the State of New York · 1989
  5. Rizzuto v. BlumAppellate Division of the Supreme Court of the State of New York · 1984

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Mallery v. ShahAppellate Division of the Supreme Court of the State of New York · 2012
  2. In re the Estate of RhodesNew York Surrogate's Court · 1990
  3. Cacchillo v. PeralesAppellate Division of the Supreme Court of the State of New York · 1991
  4. Van Dyke v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1992

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