Weigel v. Commissioner of the 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 Albany County) to review a determination of respondent which denied decedent’s application for chronic care medical assistance.

An irrevocable trust established by Theresa Weigel (hereinafter decedent) on January 13, 1992 was to be funded by, among other assets, 4,753.533 shares of Guardian Mutual Fund (hereinafter the mutual fund shares). By letter dated August 26, 1992, decedent’s son, a trustee of the trust, instructed the managers of the mutual fund to transfer the mutual fund shares…