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MATTER OF KUMMER

93 A.D.2d 135 (1983)

In the Matter of The Estate of Philip Kummer, Deceased. Margaret Kummer, as Temporary Administratrix of The Estate of Philip Kummer, Deceased, Appellant-Respondent; Department of Social Services of the County of Westchester, Respondent-Appellant; Clifford J. Kummer et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 4, 1983

Attorney(s) appearing for the Case

Frank & Fredericks (Frank O. Fredericks and David B. Julie of counsel), for appellant-respondent.

Samuel S. Yasgur, County Attorney (Jonathan Lovett and Eric D. Koster of counsel), for respondent-appellant.

Samuel N. Barish, guardian ad litem, for Clifford and Jennifer Kummer, respondents.

LAZER, GULOTTA and BRACKEN, JJ., concur.

DAMIANI, J. P.

These are cross appeals from stated portions of a decree of the Surrogate of Westchester County in a proceeding to settle the intermediate account of the administratrix of the decedent. At issue is whether certain moneys advanced by the Westchester County Department of Social Services for the medical and nonmedical care of the decedent's children before his death, may be recovered from decedent...

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