MATTER OF RUNDELL


41 A.D.2d 995 (1973)

In the Matter of The Estate of Edwin H. Rundell, Deceased. Ruby Flansburgh, as Executrix of Edwin H. Rundell, Deceased, et al., Appellants; Greene County Department of Social Services, Respondent

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

May 24, 1973


The Greene County Department of Social Services filed a claim against the estate of Edwin H. Rundell for medical assistance furnished decedent between September 27, 1966 and June 22, 1970, the date of his death. The claim was rejected by the estate on the ground that since deceased left a surviving spouse the claim was barred under section 369 (subd. 1, par. [b]) of the Social Services Law. The Surrogate's Court, however, allowed the claim holding that section 369 (subd....

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