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IN THE MATTER OF WATSON

9 Misc.3d 560 (2005)

800 N.Y.S.2d 338

In the Matter of JUDITH WATSON, Petitioner, as Guardian of the Person and/or Property of HERMAN HAGERDORN, an Incapacitated Person.

Supreme Court, Monroe County.

August 16, 2005.

Attorney(s) appearing for the Case

Woods Oviatt Gilman LLP, Rochester (Rene H. Reixach and Neil H. Reig of counsel), for petitioner.

Frank H. Ferris, III, East Rochester, for Herman Hagerdorn.

Daniel M. DeLaus, Jr., County Attorney, Rochester (Richard A. Marchese, Jr. of counsel), for County of Monroe.

Fero, Pilato & Ingersoll, Rochester (Dean Fero of counsel), for Monroe County Examiner of Accounts.

OPINION OF THE COURT

WILLIAM P. POLITO, J.

The petitioner's application for Medicaid planning transfer of assets is granted with such transfer retroactive to the date of this application. The request for attorney's fees is granted to the extent hereinafter stated.

Rationale and Law:

The parties do not dispute that this application for Medicaid planning meets the several requirements of Mental Hygiene Law § 81.21, or that...

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