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MATTER OF TOMECK

29 A.D.3d 156 (2006)

811 N.Y.S.2d 790

In the Matter of the Estate of MARGARET M. TOMECK, Deceased. EDWARD M. TOMECK, as Executor of MARGARET M. TOMECK, Deceased, Respondent-Appellant; ROBERT CHRISTOPHER, as Commissioner of Social Services of Saratoga County, Appellant-Respondent, et al., Respondent.

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

March 9, 2006.

Attorney(s) appearing for the Case

Mark M. Rider, County Attorney, Ballston Spa (Hugh G. Burke of counsel), for appellant-respondent.

Pierro & Associates, L.L.C., Albany (Louis W. Pierro of counsel), for respondent-appellant.

CARPINELLO, MUGGLIN, ROSE and LAHTINEN, JJ. concur.

OPINION OF THE COURT

SPAIN, J.P.

At issue on this appeal is the distribution of the estate of Margaret Tomeck (hereinafter decedent), who died in 2002. Decedent's husband, John Tomeck (hereinafter the husband), was a resident of a skilled nursing facility and a Medicaid recipient prior to his death in 2005. Following decedent's death, petitioner, as executor of decedent's estate, filed a petition and formal...

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