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MATTER OF CONROY

201 A.D.2d 855 (1994)

608 N.Y.S.2d 333

In the Matter of The Estate of Anna Conroy, Deceased. Edward Conroy, as Executor of Anna Conroy, Deceased, Respondent; William R. Moon, as Commissioner of The Delaware County Department of Social Services, Appellant

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

February 24, 1994

White, J.

Respondent's claim against decedent's estate seeking recoupment of the Medicaid assistance payments provided to decedent's predeceased husband is governed by Matter of Craig (82 N.Y.2d 388). In Matter of Craig (supra), the Court of Appeals held that recovery for medical assistance from the estate of the secondarily deceased spouse can only be had on proof that such spouse, at the time...

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