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WEAVER v. STATE OF NEW YORK

115531.

30 Misc.3d 179 (2010)

910 N.Y.S.2d 341

SHERRIE WEAVER et al., Claimants, v. STATE OF NEW YORK, Defendant. (Claim No. 115531.)

Court of Claims.

Decided September 27, 2010.

Attorney(s) appearing for the Case

Andrew M. Cuomo , Attorney General ( Michael E. Peeples of counsel), for defendant.

Disability Advocates, Inc. ( Timothy A. Clune , Nina Loewenstein , Cliff Zucker and William Schurtman of counsel), for claimants.

OPINION OF THE COURT

TERRY JANE RUDERMAN, J.

Defendant moves for summary judgment dismissing the claims of Sherrie Weaver and David Sheps. The facts as alleged are essentially undisputed.2 Weaver asserts that, during the time period between December 2003 and January 2008 when she was an inpatient at Rockland Psychiatric Center, the facility director, as Weaver's representative payee, received more than $25,000 in Social Security...

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