Opinion
July 3, 1989
Appeal from the Supreme Court, Westchester County (Facelle, J.).
Ordered that the appeal is dismissed, without costs or disbursements, and the order entered August 31, 1988, is vacated; and it is further,
Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, with costs.
Since questions of substantial evidence are involved, this proceeding should have been transferred to this court pursuant to CPLR 7804 (g). However, this court will treat the matter as one initially transferred here and will review the administrative determination de novo (see, Matter of Old Country Toyota Corp. v Adduci, 136 A.D.2d 706; People ex rel. McClatchie v Reid, 105 A.D.2d 721; CPLR 7804 [g]).
We note that Social Services Law § 366 (5) and its implementing regulations are in accord with Federal law (see, e.g., 42 U.S.C. § 1382b, 1396p) and are not violative of the Supremacy Clause (see, Matter of Kircher v Perales, 112 A.D.2d 431). We further find that the determination is supported by substantial evidence. Under the circumstances, where the petitioner could offer only questionable proof that certain transfers of resources were made exclusively for some purpose other than to qualify for assistance, the denial of her application for medical assistance cannot be considered irrational and should be upheld (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 181-182; Matter of Krakower v State of New York, Div. of Hous. Community Renewal, 137 A.D.2d 688, 689). Mangano, J.P., Brown, Lawrence and Eiber, JJ., concur.