In re the Estate of Imburgia

OPINION OF THE COURT

C. Raymond Radican, J.

This is a miscellaneous proceeding pursuant to SCPA 1809 to determine the validity of a claim by the Department of Social Services in the amount of $44,026.38 for medical assistance granted to Laura Imburgia the predeceased spouse of the decedent, Charles Imburgia, in the amount of $44,026.38.

The facts are as follows: The decedent, Charles Imburgia, died on January 25, 1983. He was predeceased by his wife, Laura, on February 11,1981. Mrs. Imburgia, over the age of 70 years, had been residing in a nursing home since May 5, 1977. From May 5, 1977 to…