In re McLane

— Decree affirmed, with costs, upon the opinion at Surrogate’s Court, Cribb, S. All concur except Moule, J. P., who dissents and votes to reverse the decree and allow the claim, in the following memorandum: Pursuant to section 104 of the Social Services Law, appellant Ontario County Commissioner of Social Services sought to recover from the deceased recipient’s estate the costs of medical assistance furnished to him from the time he was 65 years of age until he died, amounting to $29,994.95. At his death decedent had a 50% ownership interest in his family farm. The remaining 50% interest in…