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MATTER OF ST.

162 Misc.2d 199 (1994)

616 N.Y.S.2d 455

In the Matter of The Estate of Dorothy Street, Deceased.

Surrogate's Court, Monroe County.

August 25, 1994

Attorney(s) appearing for the Case

Charles S. Turner, County Attorney, Rochester (James A. Robinson of counsel), for Monroe County Department of Social Services, intervenor. Kaman, Berlove, Marafioti, Jacobstein & Goldman, Rochester (Jack A. Kaman of counsel), for estate. Patrick J. Pietropaoli, Rochester, guardian ad litem. Petralia, Webb & O'Connell, Rochester, amicus curiae.

ARNOLD F. CIACCIO, J.

In this estate proceeding, the Monroe County Department of Social Services (MCDSS) as intervenor requests the court to authorize and direct the guardian ad litem to exercise on behalf of his ward a spousal right of election against the will of the decedent, Dorothy Street. MCDSS maintains that the exercise of the right of election is a condition of Medicaid eligibility and failure to take...

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