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MATTER OF SWARTZ v. NEW YORK STATE DEPT. OF HEALTH

513524.

96 A.D.3d 1209 (2012)

946 N.Y.S.2d 698

2012 NY Slip Op 4809

In the Matter of SHARON SWARTZ, Also Known as SHARON TOWNSEND, Individually and as Administrator of the Estate of KENNETH SWARTZ, Deceased, Petitioner, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

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

June 14, 2012.

Malone Jr., J.

In October 2006, petitioner moved into her parents' home to care for them and, on November 6, 2006, she, her father (hereinafter decedent) and her mother signed a "Personal Services-Care Agreement," pursuant to which petitioner was to act as a personal care aide, homemaker/housekeeper and a companion for her parents on a 24-hour basis. The contract required petitioner to maintain contemporaneous records of...

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