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MATTER OF MAIER

178 Misc.2d 1061 (1998)

682 N.Y.S.2d 831

In the Matter of The Estate of Marilyn Maier, Deceased.

Surrogate's Court, Nassau County.

November 20, 1998

Attorney(s) appearing for the Case

Debrot & Siris, P. C., New York City, for petitioners. Wilkie & Wilkie, Hempstead, for Dolores M. Hoole and another, respondents. Rivkin, Radler & Kremer, Uniondale, for Alan Salzman and another, respondents. Smith, Mazure, Director, Wilkins, Young, Yagerman & Tarallo, P. C., New York City (Peter H. Graber of counsel), for Donna S. Hoole.

C. RAYMOND RADIGAN, J.

It is customary for a wrongful death compromise petition to contain a representation that the decedent was not a recipient of public assistance (22 NYCRR 207.38; Surrogate's Court Forms, 22 NYCRR subtit D, form WD-2 ¶ 18 [b]). As a rule, the Department of Social Services retains a lien on any recovery for the decedent's pain and suffering because damages of this nature are an asset...

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