Van Dyke v. New York State Department of Social Services

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

Petitioner’s application for medical assistance in May 1990 was denied on the ground that petitioner’s resources, including the uncompensated value of nonexempt resources transferred within 24 months prior to the date of the application, exceeded the statutory resource limitation. The relevant transfers were made by petitioner’s daughter…