77 A.D.2d 694, Roloson v. State

Citation:77 A.D.2d 694, 429 N.Y.S.2d 502
Party Name:Roloson v. State
Case Date:July 03, 1980
Court:New York Supreme Court Appelate Division, Third Department

Page 694

77 A.D.2d 694

429 N.Y.S.2d 502

In the Matter of Rachel J. ROLOSON, as Committee of Cressie

Rugg, Appellant,


STATE of New York, Respondent.

Supreme Court of New York, Third Department

July 3, 1980.

[429 N.Y.S.2d 503] Pearis, Resseguie, Kline & Barber, Binghamton (Emory C. Resseguie, Binghamton, of counsel), for appellant.

Robert Abrams, Atty. Gen. (William J. Kogan, Asst. Atty. Gen., of counsel), for respondent.



Appeal from an order of the Supreme Court at Special Term, entered July 2, 1979 in Broome County, which denied a motion to judicially settle the final account filed by appellant.

In 1955, Cressie Rugg, an incompetent, was admitted as a patient to the Binghamton State Hospital. After her admission, the Department of Mental Hygiene established a partial reimbursement rate of $55 per month for her care and maintenance. The incompetent's husband paid this rate to the Department of Mental Hygiene from June 16, 1955 until his death in December, 1960.

On June 29, 1961, Rachel Roloson, the incompetent's daughter, was appointed committee of the person and property of the incompetent. On September 20, 1961, the Department of Mental Hygiene notified Mrs. Roloson of the establishment of the partial reimbursement rate. The incompetent died on August 28, 1967, at which time she was the sole owner of a two-family house. On September 27, 1968, the Department of Mental Hygiene sent a verified claim to the Estate of Cressie Rugg, in care of Rachel J. Roloson, in the amount of $14,687.28 for the balance due for the care and treatment rendered to the incompetent.

On July 14, 1969, Mrs. Roloson, as committee, filed a partial account with the Supreme Court. On June 29, 1978, 11 years after the death of the incompetent, Mrs. Roloson, as committee, filed a final account. The account stated that the "total amount of the State Hospital bill due is $0" and that the amount claimed to be owing to the State Hospital is legally improper and barred by the statute of limitations. At the time the final account was filed, no representative of the Estate of Cressie Rugg had been appointed.

The Attorney General, on behalf of New York State Department of Mental Hygiene, filed objections to certain matters raised in the final account of the committee and requested that any...

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