[DOWNLOAD] "Matter Estate Zoe E. Pierce" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Matter Estate Zoe E. Pierce
- Author : Supreme Court of New York
- Release Date : January 14, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Order unanimously affirmed, with costs. Memorandum: The Onondaga County Commissioner of Social Services contends that the preferred creditor status granted by subdivision 1 of section 104 of the Social Services Law and SCPA 1811 (subd 2, par [a]) mandates that the county's lien filed against the deceased debtor's estate is superior to the respondent Crouse-Irving Hospital's judgments, which were docketed during decedent's lifetime. We disagree. Subdivision 1 of section 104 of the Social Services Law grants to the Social Service agency a preference over the ""general creditors"" of a recipient of public assistance (Matter of Warren, 53 N.Y.2d 118, 122) but that preference is subservient to a creditor with a prior specific lien (Matter of Lambert, 87 A.D.2d 818). We conclude that the respondent's docketed judgments constitute prior specific liens. (Appeal from order of Onondaga County Surrogate's Court, Reagan, S. -- judicial settlement.) Present -- Doerr, J.P., Denman, Boomer, O'Donnell and Schnepp, JJ. [122 Misc. 2d 908.]