In re the Estate of Craig

Decree affirmed with costs. Memorandum: We agree with the Surrogate that Social Services Law § 369 (1) (b) and § 366 (3) permit recovery against the estate of a responsible relative for reimbursement of the cost of medical assistance to a recipient only if, at the time of the furnishing of the medical assistance, the responsible relative had sufficient income and resources to provide medical assistance. Only if the responsible relative has sufficient income and resources does "the furnishing of such assistance * * * create an implied contract with such relative” (Social Services Law § 366 [3]…