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OXENHORN v. FLEET TRUST COMPANY

258 A.D.2d 729 (1999)

686 N.Y.S.2d 875

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

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

Decided February 4, 1999.

Crew III, J.

Marion F. Judson (hereinafter decedent) resided in a nursing home in the Village of Valatie, Columbia County, from May 1989 until she died on December 26, 1995. Although initially admitted as a private-pay resident, an application for Medicaid assistance was made on her behalf on May 1, 1991, which revealed that decedent was the income beneficiary of a self-settled trust. A copy of the trust instrument was included with the application. While decedent...

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