In re the Estate of Craig

Appellate Division of the Supreme Court of New York

In re the Estate of Craig

188 A.D.2d 1016, 592 N.Y.S.2d 164, 1992 N.Y. App. Div. LEXIS 14849

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 30, 1992

StatusPublished

This text of 188 A.D.2d 1016 (In re the Estate of Craig) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Estate of Craig, 188 A.D.2d 1016, 592 N.Y.S.2d 164, 1992 N.Y. App. Div. LEXIS 14849 (N.Y. Ct. App. 1992).

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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] [a]). Absent an implied contract with the responsible relative, there can be no recovery for reimbursement of medical expenses against that relative’s estate. We decline to follow Matter of Imburgia (130 AD2d 658, 659) insofar as it holds to the contrary.

All concur, except Callahan, J. P., who dissents and votes to reverse in the following Memorandum.

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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] [a]). Absent an implied contract with the responsible relative, there can be no recovery for reimbursement of medical expenses against that relative’s estate. We decline to follow Matter of Imburgia (130 AD2d 658, 659) insofar as it holds to the contrary.

All concur, except Callahan, J. P., who dissents and votes to reverse in the following Memorandum.

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188 A.D.2d 1016, 592 N.Y.S.2d 164, 1992 N.Y. App. Div. LEXIS 14849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-craig-nyappdiv-1992.

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