In re the Estate of Craig

Callahan, J. P.

(dissenting). I respectfully dissent. I do not construe Social Services Law § 369 (1) (b) and § 366 (3) as limiting recovery from the estate of a responsible relative for reimbursement of the cost of medical assistance to a recipient only in a situation in which the responsible relative had sufficient income and resources at the time the benefits were paid. Social Services Law § 369 (1) (b) specifically provides that, upon the death of a surviving spouse, there may be recovery for medical assistance furnished pursuant to subdivision (3) of section 366. Under that subdivision,…