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MATTER OF LaPINE

1 Misc.3d 384 (2003)

768 N.Y.S.2d 797

IN THE MATTER OF THE ESTATE OF ANTHONY LAPINE, Deceased.

Surrogate's Court, Dutchess County.

September 12, 2003.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Brian J. Smith of counsel), for New York State Office of Mental Health.

Patrick Moore, Poughkeepsie, for Carmine LaPine and another.

William G. Crane, Poughkeepsie, for Mary Brault.

OPINION OF THE COURT

JAMES D. PAGONES, J.

The Attorney General of the State of New York has filed a petition seeking a decree directing beneficiaries of certain Totten trusts created by the decedent to refund those moneys to the estate in order to pay a claim of the Office of Mental Health. It coincides with a final accounting submitted by the estate representative.

The relevant facts are not in dispute...

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