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IN THE ESTATE OF KAMINSKY

No. 30314.

111 P.3d 121 (2005)

141 Idaho 436

In the Matter of the ESTATE OF Joe KAMINSKY, Deceased. State of Idaho, Petitioner-Appellant, v. Estate of Joe Kaminsky, Respondent.

Supreme Court of Idaho, Boise, February 2005 Term.

March 30, 2005.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General, Boise, for appellant. W. Corey Cartwright argued.

Loren J. Eddy, Lewiston, for respondent.

JONES, Justice.

The Idaho Department of Health and Welfare (Department) filed a petition to "establish" a claim in the Estate of Joe Kaminsky (Estate) for recovery of Medicaid benefits, pursuant to I.C. § 56-218. The magistrate judge denied the Department's petition for untimeliness. The Department appealed and the district judge affirmed the denial of the petition. The Department timely appealed to this Court. We affirm.

I.

FACTUAL AND PROCEDURAL...

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