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MATTER OF McLANE

54 A.D.2d 1133 (1976)

In the Matter of Florence McLane, as Executrix of Thomas J. McLane, Deceased. George E. Boisvert, as Ontario County Commissioner of Social Services, Appellant. Nellie A. McLane, Respondent

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

November 12, 1976

Decree affirmed, with costs, upon the opinion at Surrogate's Court, Cribb, S.

Moule, J. P., dissenting.

Pursuant to section 104 of the Social Services Law, appellant Ontario County Commissioner of Social Services sought to recover from the deceased recipient's estate the costs of medical assistance furnished to him from the time he was 65 years of age until he died, amounting to $29,994.95. At his death decedent had a 50% ownership interest in...

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