In re the Estate of Andrews

—White, J.

Appeal from an order of the Surrogate’s Court of Rensselaer County (Lang, Jr., S.), entered March 11, 1996, which denied petitioner’s application to validate a claim made by it against the estate of Lucretia Andrews.

Lucretia Andrews died intestate on April 19, 1993 leaving two distributees, her daughter, Arzeter Gordon, and a legally adopted son, John Andrews, who is permanently and totally disabled. Thereafter, petitioner filed a claim against the estate seeking to recoup the $8,284.78 in Medicaid benefits it provided to decedent. Respondent rejected the claim, prompting *693petitioner…