MATTER OF SHANNON

No. 92560/08, 12219.

120 A.D.3d 128 (2014)

988 N.Y.S.2d 50

2014 NY Slip Op 4452

In the Matter of EDNA SHANNON, Deceased. FAMILY SERVICE SOCIETY OF YONKERS, Petitioner, v. WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent, and EASTCHESTER REHABILITATION & HEALTH CARE CENTER, Appellant.

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

Decided June 17, 2014.


Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Einiger, LLP, Lake Success ( Sarah C. Lichtenstein of counsel), for appellant.

Robert F. Meehan, White Plains ( Eileen Campbell O'Brian and James Castro-Blanco of counsel), for respondent.

TOM, J.P., and KAPNICK, J., concur with ACOSTA, J.; FREEDMAN, J., dissents in a separate opinion.


OPINION OF THE COURT

ACOSTA, J.

On this appeal we are called upon to decide whether Eastchester Rehabilitation & Health Care Center was entitled to be paid, after Edna Shannon's death, for services rendered to her during her life, from assets controlled by her guardian pursuant to Mental Hygiene Law § 81.44 (d). Westchester County Department of Social Services (DSS) maintained that it was a preferred creditor and therefore that its claim had priority...

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