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SOC SERVS. v. ENGLEHARDT

124 A.D.2d 140 (1987)

In the Matter of Albany County Department of Social Services, as Assignee of Norman Englehardt, et al., Appellants, v. Frances Englehardt, Respondent

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

February 12, 1987

Attorney(s) appearing for the Case

Eugene P. Devine (James A. Caruso of counsel), for appellants.

Heim, Koldin, Canter & Levine (Norma E. Hogan of counsel), for respondent.

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

MIKOLL, J.

Petitioner Norman Englehardt (hereinafter petitioner) and respondent, Frances Englehardt, were married on September 6, 1934. Petitioner is 76 years old and, since December 1983, has resided at Guilderland Center Nursing Home, a skilled nursing facility. Respondent is 71 years old and resides in an apartment in the City of Albany. Following petitioner's admission to the nursing home, and before he...

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