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MATTER OF FIGLIOLA

51 A.D.2d 671 (1976)

In the Matter of The Estate of Thomasina Figliola, Deceased. James Reed, as Director of Monroe County Department of Social Services, Appellant; Sanford R. Shapiro, as Executor of Thomasina Figliola, Deceased, et al., Respondents

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

January 16, 1976

Order affirmed with costs on the opinion of Monroe County Surrogate Telesca.

All concur except Simons and Witmer, JJ., who dissent and vote to reverse the order and allow the claim in full in the following memorandum:

In testatrix' lifetime appellant County of Monroe, through its Department of Social Services, advanced in excess of $11,000 in aid to testatrix' three dependent children and for medical assistance for them. It also gave public assistance to testatrix...

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