Mager v. Berger

Determination unanimously annulled, without costs, and petition granted. Memorandum: In this article 78 proceeding petitioner seeks review of a determination by respondent Commissioner of the New York State Department of Social Services which affirmed the denial of petitioner’s continued medical assistance pursuant to section 366 (subd 1, par [e]) of the Social Services Law on the ground that she had made a voluntary transfer of property for the purpose of qualifying for such assistance. This proceeding was properly transferred to this court pursuant to CPLR 7804 (subd [g]) inasmuch as the…