MATTER OF SAMUELSON


110 A.D.2d 187 (1985)

In the Matter of The Estate of Rose Samuelson, Deceased. Harvey Samuelson, Appellant; Department of Social Services of the City of New York, Respondent

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

September 16, 1985


Attorney(s) appearing for the Case

Jess M. Berkowitz (Melvin L. Greenwald of counsel), for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (June A. Witterschein and Marvin R. Kwartler of counsel), for respondent.

NIEHOFF, RUBIN and LAWRENCE, JJ., concur.


MOLLEN, P. J.

At issue on this appeal is whether Social Services Law § 369 (1) (b) bars recovery of correctly paid medical assistance benefits from the estate of an individual who was the recipient of medical assistance while age 65 and older, and which recipient was survived by a legally blind and totally permanently disabled adult child who was neither a dependent of the recipient nor a named beneficiary under the recipient's last will and testament...

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