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MATTER OF ABRAHAM XX.

11 N.Y.3d 429 (2008)

In the Matter of the Estate of ABRAHAM XX., Deceased. KATHLEEN XX., as Administrator of the Estate of ABRAHAM XX., Deceased, Appellant; STATE OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

November 20, 2008.

Attorney(s) appearing for the Case

Hinman, Howard & Kattell, LLP, Binghamton (James M. Hayes and Amy Shapiro of counsel), for appellant.

Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Treasure, Barbard D. Underwood and Nancy A. Spiegel of counsel), for respondent.

OPINION OF THE COURT

Chief Judge KAYE.

At issue in this appeal is the scope of the State's right to reimbursement for Medicaid payments made on behalf of an infant pursuant to the terms of a supplemental needs trust established in accordance with state and federal law. The question is whether the State can recover its remainder interest in an amount equal to the "total medical assistance paid" on behalf of...

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