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MATTER OF COSTELLO v. GEISER

85 N.Y.2d 103 (1995)

647 N.E.2d 1261

623 N.Y.S.2d 753

In the Matter of Earl Costello, as Commissioner of the Washington County Department of Social Services, on Behalf of Michelle Stark, Respondent, v. Joseph Geiser, Appellant.

Court of Appeals of the State of New York.

Decided February 9, 1995.

Attorney(s) appearing for the Case

Allen Lester Yates, Saratoga Springs, and Westlake A. Harper for appellant.

Donald H. Clark, Jr., Fort Edward, for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH and CIPARICK concur; Judge LEVINE taking no part.

BELLACOSA, J.

The Washington County Department of Social Services commenced this proceeding against a third-party responsible person, pursuant to article 4 of the Family Court Act. It seeks recovery of its statutory subrogation reimbursement based on a Medicaid payment for medical services provided to another individual. The issue is whether, under Social Services Law § 367-a (2) (b), Geiser, a responsible...

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