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MATTER OF BENSMAN v. WEINER

32 A.D.3d 1181 (2006)

821 N.Y.S.2d 341

In the Matter of PATRICIA BENSMAN, as Executrix of ROBERT BENSMAN, Deceased, Petitioner, v. MICHAEL WEINER, as Commissioner of Erie County Department of Social Services, et al., Respondents.

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

September 22, 2006.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum: In August 2002, petitioner's decedent became a resident of a nursing facility in Amherst, New York. On October 11, 2002, decedent's daughter, Janet Bensman (Bensman), applied for medical assistance (see Social Services Law § 366 [1] [a] [5]) on decedent's behalf. Respondent Commissioner of Erie County Department...

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