In re the Estate of Bricker

OPINION OF THE COURT

Lee L. Holzman, J.

In this accounting proceeding, the objectant, the Department of Social Services of the City of New York, has moved for summary judgment granting its claim in the sum of $34,913.44 for Medicaid benefits that it paid on behalf of the decedent to Montefiore Hospital. The parties stipulated that the papers filed by the executrix in opposition to the summary judgment motion would be deemed a cross motion for summary judgment.

The underlying issue, a question of first impression, is whether the decedent or the hospital should pay for the hospital care during the…