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MTR DE ROSA v. KIRBY

87 A.D.2d 342 (1982)

In the Matter of Marie De Rosa, by Her Proposed Guardian Ad Litem, Ira S. Schneider, Appellant, v. James E. Kirby, as Commissioner of The Suffolk County Department of Social Services, et al., Respondents

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

June 21, 1982

Attorney(s) appearing for the Case

Robert & Schneider (Ira S. Schneider of counsel; Steven Godeski with him on the brief), for appellant.

Robert Abrams, Attorney-General (Shirley Bedor Ortego and Maryellen Weinberg of counsel), for Barbara Blum, as Commissioner of the New York State Department of Social Services, respondent.

O'CONNOR, THOMPSON and BROWN, JJ., concur.

GULOTTA, J. P.

Petitioner is an 82-year-old woman presently residing at the Patchogue Nursing Center. She has been confined to that home for several years and is presently regarded as "disabled and totally senile". She is incapable of understanding any form of communication.

Petitioner is a recipient of Medicaid from the Suffolk County Department of Social Services (the local agency) and, in addition...

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