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IN MATTER OF ANNA P.

16 Misc.3d 988 (2007)

841 N.Y.S.2d 730

In the Matter of the Guardianship of ANNA P., a Mentally Retarded Person.

Surrogate's Court, Bronx County.

August 10, 2007.

Attorney(s) appearing for the Case

Coiro, Wardi, Chinitz & Silverstein (Joseph T. Coiro of counsel), for Anthony P., petitioner.

Andrew M. Cuomo, Attorney General (Mark D. Brody of counsel), for New York State Office of Mental Retardation and Developmental Disabilities.

Allan E. Kirstein, guardian ad litem.

OPINION OF THE COURT

LEE L. HOLZMAN, J.

The guardian of Anna's property petitions to withdraw the entire balance of settlement proceeds on deposit in the guardianship account in order to settle and voluntarily pay a claim of the New York State Office of Mental Retardation and Developmental Disabilities (OMRDD) for non-Medicaid-covered expenses provided to Anna from November 7, 1951 through March 31, 1968.

Pursuant to its proposed settlement, OMRDD...

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