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MATTER OF RUBEN N. (ELIZABETH T.)

55 A.D.3d 257 (2008)

863 N.Y.S.2d 789

In the Matter of RUBEN N. ELIZABETH T., Respondent; DEPARTMENT OF SOCIAL SERVICES OF CITY OF NEW YORK, Appellant.

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

September 16, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Kristin M. Helmers and Alan G. Krams of counsel), for appellant.

Jay J. Sangerman, PLLC, New York City (Ephrem Wertenteil of counsel), for respondent.

SPOLZINO, J.P., SANTUCCI and FLORIO, JJ., concur.

OPINION OF THE COURT

ANGIOLILLO, J.

The issue presented on this appeal is the scope of entitlement of the Department of Social Services of the City of New York (hereinafter the DSS) to recovery, from the trust corpus of a supplemental needs trust, for the medical assistance provided by Medicaid to Ruben N., the beneficiary of the supplemental needs trust, over the course of his lifetime. The DSS claims that it was entitled, pursuant to the statutorily-required...

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