In re the Estate of Burstein

OPINION OF THE COURT

Eve Preminger, S.

At issue is whether section 369 of the Social Services Law precludes the Commissioner of Social Services from recouping *901medical assistance paid on behalf of the decedent, who was survived by a disabled child who was not dependent upon decedent for support.

Decedent was survived by two adult daughters, one of whom, Sephine Melrod, is permanently disabled as a result of multiple sclerosis. At the time of decedent’s death, Ms. Melrod was neither living with her mother nor financially dependent upon her. However, under decedent’s will, she is entitled to one…