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MATTER OF STEELE

511429.

85 A.D.3d 1375 (2011)

925 N.Y.S.2d 250

2011 NY Slip Op 4801

In the Matter of the Estate of JASPER A. STEELE, Deceased. KATHERINE E. HARGIS, as Executor of the Estate of JASPER A. STEELE, Deceased, Respondent; SARATOGA COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant.

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

Decided June 9, 2011.

ROSE, J.P.

Decedent's wife entered a nursing home in July 1998, at which time she applied for Medicaid and he — as the community spouse — filed a spousal refusal letter, declining to make his income and resources available for her care (see Social Services Law § 366 [3] [a]). Respondent reviewed the couple's income and resources, calculated decedent's resources in excess of his community spouse...

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