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Legal Opinion

In re the Estate of Scrivani

New York Supreme Court

Decided October 18, 1982PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

Martin Evans, J.

This conservator’s motion seeking permission to renounce an inheritance requires the court to analyze the effect of such a renunciation on her charge’s eligibility for govern men tally afforded medical benefits. In so doing, it raises important questions about the proper roles of the court and the conservator.

Movant Joan Rossi is a granddaughter of Julia Molinelli, an 84-year-old patient confined at the Isabella Geriatric Center, a nursing home in upper Manhattan. After a hearing, and upon a showing that Mrs. Molinelli was unable to maintain her affairs,…

2Cases cited9 opinions

  1. In re AhoNew York Court of Appeals · 1976
  2. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
  3. Sporza v. . German Savings BankNew York Court of Appeals · 1908
  4. Carter v. . BeckwithNew York Court of Appeals · 1891
  5. Flynn v. BatesAppellate Division of the Supreme Court of the State of New York · 1979

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3Cited by21 opinions

  1. City of New York v. Chemical BankNew York Supreme Court · 1983
  2. Marcus v. Department of Income MaintenanceSupreme Court of Connecticut · 1986
  3. Essen v. GilmoreNebraska Supreme Court · 2000
  4. Molloy v. BaneAppellate Division of the Supreme Court of the State of New York · 1995
  5. United States v. ComparatoCourt of Appeals for the Second Circuit · 1994

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