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MATTER OF ROTH v. SHANG

70 A.D.2d 914 (1979)

In the Matter of Ruth Roth, on Behalf of Her Deceased Mother, Lena Kruss, Petitioner, v. Carmen Shang, as Acting Commissioner of The New York State Department of Social Services, et al., Respondents

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

June 11, 1979

Determination confirmed and petition dismissed on the merits, without costs or disbursements.

There was sufficient evidence to sustain the findings of the respondent State commissioner.

Lazer, J., dissenting.

In July, 1975 the 83-year-old decedent withdrew $5,000 of the $8,634 in her savings account and gave cash gifts of $1,250 to each of her four grandchildren. On August 25, 1976, after entering a health-related facility, she made an...

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