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MATTER OF TOMECK

45 A.D.3d 1242 (2007)

846 N.Y.S.2d 693

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.

Decided November 29, 2007.

Spain, J.P.

When this case was previously before this Court (29 A.D.3d 156 [2006]), we affirmed the holding of Surrogate's Court that no implied contract had arisen between Margaret Tomeck (hereinafter decedent) and respondent Commissioner of Social Services of Saratoga County (hereinafter DSS) with respect to her obligation to pay for her husband's nursing home care. The Court of Appeals reversed (8 N.Y.3d 724...

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