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IN THE MATTER OF HEARD

971 CA 10-00501.

79 A.D.3d 74 (2010)

911 N.Y.S.2d 534

In the Matter of the Estate of OSCAR L. HEARD, Deceased. MARY BROWN, Appellant; MONROE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent, and JEFFREY H. MARKS, Guardian Ad Litem for DOYLE HEARD, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 12, 2010.

Attorney(s) appearing for the Case

Boylan, Brown, Code, Vigdor & Wilson, LLP, Rochester ( Sanford R. Shapiro of counsel), for appellant.

William K. Taylor , County Attorney, Rochester ( Richard A. Marchese, Jr. , of counsel), for respondent.

Traynor, Skehan and Marks, Rochester ( Jeffrey H. Marks of counsel), for respondent-respondent.

SMITH, J.P., FAHEY, PINE and GORSKI, JJ., concur.

OPINION OF THE COURT

SCONIERS, J.

This appeal concerns the issue whether respondent Monroe County Department of Social Services (DSS) is entitled to recover Medicaid payments from the estate of a decedent where the source of the estate funds is a tort settlement paid for injuries sustained by the decedent when he fell in the nursing home where he resided. The objectant herein, who is also the administrator and a distributee of the decedent's estate, appeals...

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