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MATTER OF KESSMAN v. ULSTER COUNTY DEPARTMENT OF SOCIAL SERVICES

258 A.D.2d 867 (1999)

686 N.Y.S.2d 142

In the Matter of STEWART G. KESSMAN, as Administrator of the Estate of RUTH L. KESSMAN, Deceased, Petitioner, v. ULSTER COUNTY DEPARTMENT OF SOCIAL SERVICES et al., Respondents.

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

Decided February 25, 1999.

Spain, J.

In October 1994, petitioner's decedent (then age 81), became a resident of a nursing home in Ulster County, where she remained until her death in November 1997. Decedent's spouse, Herbert Kessman (hereinafter Kessman), applied for medical assistance (see, Social Services Law § 366 [1] [a] [5]) on decedent's behalf in September 1996. The application was denied by respondent Ulster County Department of Social Services, following a hearing, on the...

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