Legal Opinion
In re the Estate of Samuelson
Appellate Division of the Supreme Court of the State of New York
Decided September 16, 1985PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Mollen, P. J.
At issue on this appeal is whether Social Services Law § 369 (1) (b) bars recovery of correctly paid medical assistance benefits from the estate of an individual who was the recipient of medical assistance while age 65 and older, and which recipient was survived by a legally blind and totally permanently disabled adult child who was neither a dependent of the recipient nor a named beneficiary under the recipient’s last will and testament. *188Surrogate Laurino answered this question in the negative and permitted recovery of the medical assistance benefits by the…
2Cases cited19 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- New York State Bankers Ass'n v. AlbrightNew York Court of Appeals · 1975
- Baker v. SterlingNew York Court of Appeals · 1976
- Lawrence v. . CookeNew York Court of Appeals · 1887
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3Cited by4 opinions
- In re the Estate of AndrewsAppellate Division of the Supreme Court of the State of New York · 1996
- In re the Estate of BursteinNew York Surrogate's Court · 1994
- In re the Estate of SchneiderAppellate Division of the Supreme Court of the State of New York · 2010
- Dalzin v. BelsheDistrict Court, N.D. California · 1998