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MATTER OF KLINK

278 A.D.2d 883 (2000)

718 N.Y.S.2d 758

In the Matter of the Estate of LOIS KLINK, Deceased. WENDY H. BOURGEOIS, as Commissioner of Cattaraugus County Department of Social Services, Respondent-Appellant; JOAN HARGIS, as Executrix of LOIS KLINK, Deceased, Appellant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 27, 2000.

Amended decree and order unanimously modified on the law and as modified affirmed without costs and matter remitted to Cattaraugus County Surrogate's Court for further proceedings in accordance with the following Memorandum: Claimant, the Cattaraugus County Department of Social Services (DSS), seeks to recoup from respondent, the executrix of the Estate of Lois Klink, $72,787.37 in Medicaid benefits paid by DSS for the nursing home care of Lois Klink's husband, Walter Klink...

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