In re the Estate of Imburgia

OPINION OF THE COURT

C. Raymond Radigan, J.

This is a motion to reargue a decision allowing a claim of the Department of Social Services (Department) for medical assistance (MA) granted the predeceased spouse of the decedent in the amount of $44,026.38. Additional facts not repeated here may be found in the prior decision as reported (122 Misc 2d 1033).

The motion’s major premise is that to the extent New York statutes and regulations permit recovery from the estate of a responsible relative (RR) for MA “correctly paid” to a recipient, they are in conflict with controlling Federal law and…