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  5. 49 N.Y.2d 857 (1980)
 

MATTER OF NEW v. NEW YORK STATE BD. OF SOC WELFARE

49 N.Y.2d 857 (1980)

In the Matter of Mary New et al., Appellants, v. New York State Board of Social Welfare et al., Respondents.

Court of Appeals of the State of New York.

Decided March 20, 1980.

Attorney(s) appearing for the Case

Gerald E. Paley for appellants.

Robert Abrams, Attorney-General (Eugene E. Zegarowicz, Shirley Adelson Siegel and Maryellen Weinberg of counsel), for Commissioner of State Department of Social Services, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

Some of the money deposited in the accounts was Mary New's. Some of the accounts were in Mrs. New's name in trust for her son, Gunther, and some were in their joint names. Gunther's claim is that all of the money was his, that he controlled the bank books, and that the reason his mother's name was on the accounts was to protect her...

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