Legal Opinion
In re the Estate of Tomeck
Appellate Division of the Supreme Court of the State of New York
Decided March 9, 2006PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Spain, J.P.
At issue on this appeal is the distribution of the estate of Margaret Tomeck (hereinafter decedent), who died in 2002. Decedent’s husband, John Tomeck (hereinafter the husband), was a resident of a skilled nursing facility and a Medicaid recipient prior to his death in 2005. Following decedent’s death, petitioner, as executor of decedent’s estate, filed a petition and formal accounting to settle decedent’s estate. Respondent Commissioner of Social Services of Saratoga County (hereinafter respondent) objected to the accounting, asserting a claim against the…
2Cases cited21 opinions
- Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968
- Washington State Department of Social & Health Services v. Guardianship Estate of KeffelerSupreme Court of the United States · 2003
- Johnson v. BlumNew York Court of Appeals · 1983
- Golf v. New York State Department of Social ServicesNew York Court of Appeals · 1998
- Thomasel v. PeralesNew York Court of Appeals · 1991
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3Cited by5 opinions
- Wojchowski v. DainesCourt of Appeals for the Second Circuit · 2007
- In re Estate of TomeckNew York Court of Appeals · 2007
- Christopher v. TomeckAppellate Division of the Supreme Court of the State of New York · 2011
- Lopez v. Commissioner of New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Estate of TomeckAppellate Division of the Supreme Court of the State of New York · 2007