Legal Opinion
Matter of Edna Shannon v. Westchester County Department of Social Services
New York Court of Appeals
Decided June 11, 2015No. 80PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
Fahey, J.
On this appeal we are called upon to determine whether Mental Hygiene Law § 81.44 permits a guardian to retain property of an incapacitated person after the incapacitated person has died for the purpose of paying a claim against the incapacitated person that arose before such person’s death. We conclude that it does not.
L
Respondent Eastchester Rehabilitation & Health Care Center, a skilled nursing facility, began to care for Edna Shannon in December 2005. Approximately three years later, respondent Westchester County Department of Social Services (DSS) determined…
2Cases cited10 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009
- People v. Mobil Oil Corp.New York Court of Appeals · 1979
- Albany Law School v. New York State Office of Mental Retardation & Developmental DisabilitiesNew York Court of Appeals · 2012
- Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of CommerceNew York Court of Appeals · 2013
5 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Chauca v. AbrahamCourt for the Trial of Impeachments and Correction of Errors · 2017
- Matter of Mancini v. Office of Children & Family Servs.New York Court of Appeals · 2018
- Desrosiers v. Perry Ellis Menswear, LLCCourt for the Trial of Impeachments and Correction of Errors · 2017
- Matter of Soriano v. EliaAppellate Division of the Supreme Court of the State of New York · 2017
- Jackson v. Bank of America, N.A.Appellate Division of the Supreme Court of the State of New York · 2017
31 more not listed; retrieve them via the Exa API.