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OXENHORN v. FLEET TRUST CO.

94 N.Y.2d 110 (1999)

722 N.E.2d 492

700 N.Y.S.2d 413

MITCHEL OXENHORN, as Commissioner of the Department of Social Services of the County of Columbia, Appellant, v. FLEET TRUST COMPANY, Formerly Known as NORSTAR TRUST COMPANY, Defendant, and ESTATE OF MARION F. JUDSON et al., Respondents.

Court of Appeals of the State of New York.

Decided November 18, 1999.

Attorney(s) appearing for the Case

Connor, Curran & Schram, P. C., Hudson (Paul M. Freeman of counsel), for appellant.

Herzog, Engstrom & Koplovitz, P. C., Albany (Frank W. Lang of counsel), for respondents.

Eliot Spitzer, Attorney General, Albany (Preeta D. Bansal, Peter H. Schiff and Kathleen M. Treasure of counsel), for New York State Department of Health, amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and ROSENBLATT concur.

OPINION OF THE COURT

WESLEY, J.

Plaintiff, Commissioner of the Department of Social Services for Columbia County, seeks to recover Medicaid benefits paid to decedent Marion F. Judson, the named beneficiary of a self-settled, irrevocable trust. The parties acknowledge that had the Department included the trust principal in its eligibility determination, decedent would not have been eligible for Medicaid benefits. Defendants contend, however, that because...

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