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GORDON v. COMMR SOC SERVS

131 A.D.2d 96 (1987)

In the Matter of Anna Gordon, by Linda Ross, her Conservator, Appellant, v. Commissioner of the State of New York Department of Social Services et al., Respondents

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

October 22, 1987

Attorney(s) appearing for the Case

Martin Brickman for appellant.

Robert Abrams, Attorney-General (Clifford A. Royael of counsel), for Commissioner of the State of New York Department of Social Services, respondent.

Eugene P. Devine (Thomas H. Flannery of counsel), for Albany County Department of Social Services, respondent.

MAHONEY, P. J., KANE, WEISS and LEVINE, JJ., concur.

CASEY, J.

On October 19, 1983, the 91-year-old petitioner sustained a fractured hip while being treated in the emergency room of St. Peter's Hospital in the City of Albany. She was then admitted to that hospital as an inpatient and remained there until January 9, 1984, when she was transferred to a nursing home in Albany where she still remains. In June 1985, petitioner obtained a judgment in the amount of $65...

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