From Casetext: Smarter Legal Research

Matter of Pierce

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 14, 1984
106 A.D.2d 892 (N.Y. App. Div. 1984)

Opinion

December 14, 1984

Appeal from the Onondaga County Surrogate's Court, Reagan, S.

Present — Doerr, J.P., Denman, Boomer, O'Donnell and Schnepp, JJ. [ 122 Misc.2d 908.]


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 Soc. Serv. 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 Soc. Serv. 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.


Summaries of

Matter of Pierce

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 14, 1984
106 A.D.2d 892 (N.Y. App. Div. 1984)
Case details for

Matter of Pierce

Case Details

Full title:In the Matter of the Estate of ZOE E. PIERCE, Deceased. EDWARD J. HOMER…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 14, 1984

Citations

106 A.D.2d 892 (N.Y. App. Div. 1984)

Citing Cases

Family Serv. Soc'y of Yonkers v. Westchester Cnty. Dep't of Soc. Servs. (In re Shannon)

Thus, while Eastchester filed a notice of claim against the guardianship account on June 2, 2010, DSS did not…

Shambo v. Thompson

Although Medicaid assistance was provided to decedent before the mortgage was given, petitioner did not have…