In re the Estate of Rundell

Appeal from a judgment of the Surrogate’s Court, Greene County, allowing a claim of the Greene County Department of Social Services against the estate of Edwin H. Rundell for aid payments made to or for Edwin H. Rundell. The Greene County Department of Social Services filed a claim against the estate of Edwin H. Rundell for medical assistance furnished decedent between September 27, 1966 and June 22, 1970, the date of his death. The claim was rejected by the estate on the ground that since deceased left a surviving spouse the claim was barred under section 369 (subd. 1, par. [b]) of the…