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ESTATE OF AGNES KINSELLA, Deceased

ESTATE OF AGNES KINSELLA, Deceased (14/30/A) — Petitioner, Carmel Richmond Health Care and Rehabilitation Center (hereinafter "Petitioner") petition to Determine the Validity of a Claim against the estate of the decedent, Agnes Kinsella, came before this Court on Inquest held on November 15, 2016. Petitioner appeared by counsel, along with the Accounting Manager/Custodian of Records for the facility. Their burden was to prove the claim by clear and convincing evidence. Matter of McCormack, 43 AD2 794, 350 NYS2d 247 (4th Dept, 1973), aff'd, 35 NY2d 888, 364 NYS2d 890, 324 NE2d 359 (1974). Although given notice of the Inquest, and as on previous occasions, the Voluntary Administratrix, decedent's daughter, Marianne Morris, did not appear continuing her default.

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ESTATE OF AGNES KINSELLA, Deceased (14/30/A) — Petitioner, Carmel Richmond Health Care and Rehabilitation Center (hereinafter “Petitioner”) petition to Determine the Validity of a Claim against the estate of the decedent, Agnes Kinsella, came before this Court on Inquest held on November 15, 2016. Petitioner appeared by counsel, along with the Accounting Manager/Custodian of Records for the facility. Their burden was to prove the claim by clear and convincing evidence. Matter of McCormack, 43 AD2 794, 350 NYS2d 247 (4th Dept, 1973), aff’d, 35 NY2d 888, 364 NYS2d 890, 324 NE2d 359 (1974). Although given notice of the Inquest, and as on previous occasions, the Voluntary Administratrix, decedent’s daughter, Marianne Morris, did not appear continuing her default.

The claim is based upon decedent’s Net Available Monthly Income (“NAMI”) pursuant to her Medicaid eligibility as determined by New York City Human Resources Administration.

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