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CONNERS v. BERLIN

515536.

105 A.D.3d 1208 (2013)

964 N.Y.S.2d 680

2013 NY Slip Op 2451

In the Matter of MICHAEL F. CONNERS II, as Administrator of the Estate of PAUL HETTINGER, Deceased, et al., Petitioners, v. ELIZABETH BERLIN, as Executive Deputy Commissioner of the Office of Temporary and Disability Assistance, et al., Respondents.

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

Decided April 11, 2013.

Egan Jr., J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Department of Health which found decedent ineligible for certain Medicaid benefits.

In September 2003, Paul Hettinger (hereinafter decedent), a widower, executed a durable general power of attorney appointing Sharon Williams, an individual identified...

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