N.Y. Social Services Law § 105: Claim on insurance

§ 105. Claim on insurance. If a person, who has received public

assistance or care, shall die leaving insurance, and the estate of the

assured is named as beneficiary, or no beneficiary is named, the social

services official shall be entitled to a preferred claim to be paid out

of such insurance to the amount of the cost of such assistance and care,

and for funeral expenses not to exceed two hundred fifty dollars. If

the insured leaves a surviving spouse or children under the age of

twenty-one years who are, or are liable to become, public charges, the

social services official may, in his discretion, waive his claim to such

insurance or any part thereof to which he would otherwise be entitled.