In re Deviddio

OPINION OF THE COURT

Christian F. Hummel, J.

This is a proceeding brought by Joann Deviddio, administratrix of the estate of Joyce J. Kyea, deceased, seeking an order allocating the proceeds of the settlement of a civil action and granting other related relief. The matter is presently before the court upon the motion of the Rensselaer County Department of Social Services (hereinafter Department) made pursuant to CPLR 3211 for an order dismissing and/or precluding the proffer of evidence of certain affirmative defenses stated by the movant to have been asserted by the administratrix in response…