B-148253, MAR. 7, 1962

B-148253: Mar 7, 1962

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WAS DRAWN TO THE ORDER OF THE COMMISSIONER OF PUBLIC WELFARE OF SCHENECTADY COUNTY FOR ANNA HAMMER (HUMMER). WHILE THE CHECK IS IN THE AMOUNT OF $288. OF THAT AMOUNT $57 IS NOT AVAILABLE FOR DISTRIBUTION BECAUSE IT REPRESENTS PAYMENT FOR THE MONTH OF DEATH. ANNA HUMMER WAS A RECIPIENT OF PUBLIC ASSISTANCE. YOUR CLAIM IS BASED UPON MAINTENANCE AND CARE FURNISHED HER WHILE A WELFARE CLIENT IN THE SCHENECTADY COUNTY HOME FROM MARCH 8. OUR OFFICE DENIED YOUR CLAIM BECAUSE THE FACTS OF RECORD SHOW THAT ANNA HUMMER PREDECEASED HER HUSBAND LAWRENCE HUMMER AND THE LAWS OF NEW YORK PROVIDE FOR AN ALLOWANCE TO THE SURVIVING SPOUSE WHICH ARE NOT SUBJECT TO THE DECEDENT'S DEBTS OR CLAIMS OF OTHER HEIRS.

B-148253, MAR. 7, 1962

TO MR. KENNETH S. SHELDON, COMMISSIONER, DEPARTMENT OF PUBLIC WELFARE:

THIS REFERS TO LETTER DATED JANUARY 23, 1962, FROM YOUR OFFICE WHICH REQUESTS FURTHER CONSIDERATION OF OUR DISALLOWANCE OF JANUARY 18, 1962, COVERING YOUR CLAIM AS CREDITOR TO THE PROCEEDS OF TREASURY (SOCIAL SECURITY) CHECK NO. 48,446,818, DATED SEPTEMBER 3, 1961, IN THE AMOUNT OF $288. THIS CHECK ISSUED OVER SYMBOL 302, WAS DRAWN TO THE ORDER OF THE COMMISSIONER OF PUBLIC WELFARE OF SCHENECTADY COUNTY FOR ANNA HAMMER (HUMMER). WHILE THE CHECK IS IN THE AMOUNT OF $288, OF THAT AMOUNT $57 IS NOT AVAILABLE FOR DISTRIBUTION BECAUSE IT REPRESENTS PAYMENT FOR THE MONTH OF DEATH.

ANNA HUMMER WAS A RECIPIENT OF PUBLIC ASSISTANCE. YOUR CLAIM IS BASED UPON MAINTENANCE AND CARE FURNISHED HER WHILE A WELFARE CLIENT IN THE SCHENECTADY COUNTY HOME FROM MARCH 8, 1961, TO AUGUST 29, 1961, THE DATE OF HER DEMISE. OUR OFFICE DENIED YOUR CLAIM BECAUSE THE FACTS OF RECORD SHOW THAT ANNA HUMMER PREDECEASED HER HUSBAND LAWRENCE HUMMER AND THE LAWS OF NEW YORK PROVIDE FOR AN ALLOWANCE TO THE SURVIVING SPOUSE WHICH ARE NOT SUBJECT TO THE DECEDENT'S DEBTS OR CLAIMS OF OTHER HEIRS.

SPECIFICALLY, SECTION 103-A (2) OF THE DECEDENT ESTATE LAW OF NEW YORK, READS AS FOLLOWS:

"UPON THE DEATH OF A CREDITOR, UNLESS OTHERWISE PROVIDED BY A DESIGNATION OF A BENEFICIARY WHICH IS THEN IN EFFECT, IT SHALL BE LAWFUL FOR THE DEBTOR FORTHWITH TO PAY TO THE SURVIVING SPOUSE OF THE DECEDENT NOT MORE THAN ONE THOUSAND DOLLARS OF THE DEBT, UPON AN AFFIDAVIT MADE BY SUCH SPOUSE SHOWING THAT SUCH PAYMENT AND ALL OTHER PAYMENTS RECEIVED BY SUCH SPOUSE UNDER THIS SUBDIVISION TWO OF THIS SECTION DO NOT IN THE AGGREGATE EXCEED ONE THOUSAND DOLLARS.'

WHILE SUBDIVISION 3 OF SECTION 103-A PROVIDES A METHOD OF PAYMENT TO A CREDITOR OF THE DECEDENT UPON THE EXECUTION BY THE SURVIVING SPOUSE OF A PROPER AFFIDAVIT AS THEREIN PROVIDED, NO AFFIDAVIT AS REQUIRED BY SUBDIVISION 3 HAS BEEN FURNISHED IN SUPPORT OF YOUR CLAIM.

ACCORDINGLY, OUR PREVIOUS ACTION IN THE MATTER CORRECTLY APPLIED BY APPLICABLE NEW YORK LAW, AND IS SUSTAINED.