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DSS COMMR. v. SPELLMAN

243 A.D.2d 45 (1998)

672 N.Y.S.2d 298

Commissioner of the Department of Social Services of the City of New York, Respondent, v. Benjamin Spellman, Appellant

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

April 30, 1998

Attorney(s) appearing for the Case

Joseph I. Lauer of counsel (Francis F. Caputo on the brief; Jeffrey D. Friedlander, Acting Corporation Counsel of New York City, attorney), for respondent.

Bernard A. Krooks of counsel, New York City (Richard E. Roth and Sheryl Stahl Reba on the brief; Littman Krooks Roth & Ball, P. C., attorneys), for appellant.

SULLIVAN, MILONAS, ELLERIN and ANDRIAS, JJ., concur.

LERNER, P. J.

The issue presented on this appeal is whether the New York State Social Services Law allows the plaintiff, New York City Department of Social Services (DSS), to recover from the defendant, a "community spouse", Medicaid assistance payments it paid to providers for the care of his wife, an "institutionalized spouse", where he has refused to provide for his wife's care.

Inasmuch as the motion...

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