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eBook details

• Title: Matter Doris Barger v. Abe Lavine
• Author : Supreme Court of New York
• Release Date : January 03, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

A letter from petitioners physician, attached to the petition, states that petitioner is being treated for rheumatoid arthritis and vertigo and because of this disability she is unable to use public means of transportation. Petitioner testified at the hearing, without contradiction, that the car was given to her in 1971 by her children, either directly or in the form of money, upon an agreement that if the car were sold the proceeds would belong, not to her, but to the children. Her testimony was supported by a sworn letter from her children which stated that they loaned her the money to purchase the car because the progression of her illness and arthritis made a car necessary for transportation to work and to doctors and for shopping. Petitioner alleges in her petition that before she became aware of the adverse determination of May 25, 1973 she transferred ownership and possession of the car to her financially overburdened son after his own car had broken down beyond repair. She further alleges she received no income from the transfer of the car. Under the circumstances, the determination of the State Commissioner that petitioner possessed the requisite degree of ownership to justify the withholding of $1,450 of assistance was not supported by substantial evidence. If we were not annulling the determination, we would remit the matter to the State Commissioner for a full development of all of the relevant issues, including that of petitioners present physical condition.

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