Legal Opinion

In re the Estate of Rios

New York Surrogate's Court

Decided November 14, 1975PublishedCited by 6 opinions

1Opinion of the Court

Nathan R. Sobel, S.

Although the amounts involved are small, this proceeding by the widow administratrix for permission to compromise an action for wrongful death raises issues as to the right of the Department of Social Services (Department) to recover for medical assistance (MA) rendered to the decedent after his accident. This is a recurring issue which requires discussion and determination.

Decedent Israel Rios was seriously injured in an automobile accident on October 14, 1973. He died as a result of his injuries three months later on January 18, 1974. During the 3-month interval between…

2Cases cited7 opinions

  1. In re the Estate of ColonNew York Surrogate's Court · 1975
  2. Marsh v. La MarcoAppellate Division of the Supreme Court of the State of New York · 1974
  3. Matter of Schwabacher v. International Salt Co.New York Court of Appeals · 1948
  4. In re the Estate of MaynardNew York Surrogate's Court · 1962
  5. Montgomery v. RamosAppellate Division of the Supreme Court of the State of New York · 1974

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State Ex Rel. Department of Human Services v. BrooksSupreme Court of Iowa · 1987
  2. In re the Estate of HarrisNew York Surrogate's Court · 1976
  3. In re the Estate of DominguezNew York Surrogate's Court · 1989
  4. In re the Estate of KummerNew York Surrogate's Court · 1980
  5. Moon v. OwenNew York Supreme Court · 1986

1 more not listed; retrieve them via the Exa API.

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