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MATTER OF CRAIG

82 N.Y.2d 388 (1993)

624 N.E.2d 1003

604 N.Y.S.2d 908

In the Matter of The Estate of Elizabeth S. Craig, Deceased. Wayne County Department of Social Services, Appellant.

Court of Appeals of the State of New York.

Decided November 18, 1993.

Attorney(s) appearing for the Case

Gary Lee Bennett, Lyons, for appellant.

Underberg & Kessler, Rochester (Sharon P. Stiller and Linda Prestegaard of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., SMITH and LEVINE concur.

BELLACOSA, J.

The issue on this appeal is whether the Wayne County Department of Social Services may recoup Medicaid assistance payments provided to a man who died in 1983. The target of the recoupment effort is the estate of that man's spouse, who died in 1989. The crux of the problem is that the wife lacked sufficient means to be considered a responsible relative at the time the payments were made in 1983 on...

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