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MTR HOELZER v. BLUM

93 A.D.2d 605 (1983)

In the Matter of Shirley Hoelzer, as Guardian ad Litem of Norma Reichenbacher, Petitioner, v. Barbara Blum, as Commissioner of New York State Department of Social Services, et al., Respondents

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

May 23, 1983

Attorney(s) appearing for the Case

Molloy, Fletcher, Dunne & Sibell, P. C. (John P. Dunne of counsel), for petitioner.

Robert Abrams, Attorney-General (Frederic L. Lieberman and Maryellen Weinberg of counsel), for State Commissioner, respondent.

LAZER, J. P., GIBBONS and BOYERS, JJ., concur.

NIEHOFF, J.

In this matter we are called upon to answer the following questions:

1. Should the petitioner, the trustee of a trust for the benefit of her sister, Norma Reichenbacher, a patient at the Montclair Nursing Home, be required to apply to the court for permission to invade the $60,000 trust corpus in order to pay for the care of Norma? 2. Did petitioner abuse her discretion by refusing...

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