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MATTER OF SHANNON

No. 80.

25 N.Y.3d 345 (2015)

34 N.E.3d 351

12 N.Y.S.3d 600

2015 NY Slip Op 04789

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

Court of Appeals of New York.

Decided June 10, 2015.

Attorney(s) appearing for the Case

Robert F. Meehan, County Attorney, White Plains ( Eileen Campbell O'Brien and James Castro-Blanco of counsel), for appellant.

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

Chief Judge LIPPMAN and Judges READ, PIGOTT, RIVERA, ABDUS-SALAAM and STEIN concur.

OPINION OF THE COURT

On this appeal we are called upon to determine whether Mental Hygiene Law § 81.44 permits a guardian to retain property of an incapacitated person after the incapacitated person has died for the purpose of paying a claim against the incapacitated person...

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