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TIBBY v. FLETCHER

13 A.D.3d 877 (2004)

788 N.Y.S.2d 430

PAUL TIBBY et al., Appellants, v. RUTH M. FLETCHER et al., Defendants, and BEVERLY SHIELDS, as Administrator of the Estate of PEARL FLETCHER, Deceased, Respondent. (Action No. 1.) PAUL TIBBY et al., Appellants, v. JOHN A. McSHANE et al., Respondents. (Action No. 2.)

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

December 16, 2004.

Crew III, J.

Pearl Fletcher (hereinafter decedent) owned approximately 120 acres of land in the Town of Andes, Delaware County. In 1992, upon her admission to a county-owned nursing home facility, decedent became a ward of the Delaware County Department of Social Services and granted a power of attorney to respondent Delaware County Commissioner of Social Services which was recorded in November 1992. Thereafter, in February 1993, decedent executed an assignment of...

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