MATTER OF BURKE


111 Misc.2d 296 (1981)

In the Matter of The Estate of Eleanor F. Burke, Deceased.

Surrogate's Court, Monroe County.

November 4, 1981


Attorney(s) appearing for the Case

Branch, Turner & Wise (John Branch of counsel), for petitioner. James Robinson for Department of Social Services, claimant. Robert Abrams, Attorney-General (Eugene Welch of counsel), for State of New York.


MICHAEL A. TELESCA, J.

The sole issue raised in this proceeding for the judicial settlement of the account of Margaret Murrellwright as executrix (petitioner) is whether a claim filed by the Monroe County Department of Social Services (claimant) for medical assistance (Medicaid) rendered to the deceased is valid and enforceable. Petitioner rejects the claim on the grounds that the State recovery statute, section 369 (subd 1, par [b]) of the Social Services...

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