Brown v. Toia

Determination unanimously annulled, with costs, and petition granted in accordance with the following memorandum: In this article 78 proceeding petitioner seeks to annul a decision of respondent Commissioner of the New York State Department of Social Services (State commissioner) affirming a determination of respondent Commissioner of Onondaga County Department of Social Services (county department), which terminated her Medicaid benefits. Petitioner contends: that the transfer of her exempt homestead to her children, (which they sold for $24,000), while she was receiving Medicaid did not…