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BOURGEOIS v. STADTLER

256 A.D.2d 1095 (1998)

685 N.Y.S.2d 166

WENDY BOURGEOIS, as Commissioner of Cattaraugus County Department of Social Services, Appellant, v. JAMES P. STADTLER, Individually and as Trustee of the LOUIS A. STADTLER TRUST, et al., Respondents.

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

Decided December 31, 1998.

Order and judgment unanimously affirmed with costs.

Memorandum:

Plaintiff commenced this action to recover from the assets of the Louis A. Stadtler Trust medical assistance benefits paid on behalf of defendant Louis A. Stadtler (Louis) and his wife, Dorothy. The trust, created in 1991, provides that the beneficial interests of Louis and Dorothy would each terminate either upon death or one day prior to his or her...

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