Legal Opinion
In re the Estate of Burke
New York Surrogate's Court
Decided November 4, 1981PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Michael A. Telesca, J.
The sole issue raised in this proceeding for the judicial settlement of the account of Margaret Murrellwright as executrix (petitioner) is whether a claim filed by the Monroe County Department of Social Services (claimant) for medical assistance (Medicaid) rendered to the deceased is valid and enforceable. Petitioner rejects the claim on the grounds that the State recovery statute, section 369 (subd 1, par [b]) of the Social Services Law, is unconstitutional.
The facts, simply stated, are not disputed, nor is there any question concerning the amount or…
2Cases cited16 opinions
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- McGowan v. MarylandSupreme Court of the United States · 1961
- Shapiro v. ThompsonSupreme Court of the United States · 1969
- Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
- Idaho Department of Employment v. SmithSupreme Court of the United States · 1977
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3Cited by3 opinions
- In re the Estate of DavisNew York Court of Appeals · 1982
- In re the Estate of SamuelsonAppellate Division of the Supreme Court of the State of New York · 1985
- In re the Estate of BursteinNew York Surrogate's Court · 1994