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MATTER OF WARREN

53 N.Y.2d 118 (1981)

In the Matter of Marshall Bloomfield, as Committee of Esther Warren, an Incompetent Person, Deceased. New York State Department of Mental Hygiene, Appellant-Respondent; New York City Health and Hospitals Corporation, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided June 11, 1981.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Morton H. Meyer, Shirley Adelson Siegel and Thomas P. Dorsey of counsel), for appellant-respondent.

Allen G. Schwartz, Corporation Counsel (Marjorie E. Bornes and Ronald E. Sternberg of counsel), for respondent-appellant.

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

JASEN, J.

In this proceeding to settle the final account of an adjudicated incompetent, the issue presented is whether a claim by the New York State Department of Mental Hygiene for reimbursement of expenses incurred for the care and maintenance of an incompetent has priority over a claim by the New York City Health and Hospitals Corporation for reimbursement of such expenses.

Esther Warren, an adjudicated...

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