In re the Accounting of Miller

OPINION OF THE COURT

Peter J. Kelly, S.

In this accounting proceeding, the New York State Office of Mental Health (OMH) objected, inter alia, to that portion of petitioner’s account which rejected its claim for Medicaid services paid on behalf of the decedent. In the account, petitioner alleged that the claim was rejected because OMH had negotiated a settlement with decedent prior to her death for the cost of her care in an amount much less than claimed. He also alleged in the statement of pertinent facts contained in schedule J that the decedent’s death was the direct result of the negligence…