Matter of Seelen

In Matter of Seelen (87 Misc.2d 360 [1976], the Surrogate's Court actually concluded that article 43 of the Mental Hygiene Law was a contribution statute which purportedly authorizes the department to compel current contribution from the patient or a responsible relative. The Surrogate's Court, while correctly noting that section 43.03 (a) of the recodified Mental Hygiene Law omitted the requirement of the former statute's contribution provision (former 24 [4]) that contribution may only be compelled from persons who were of sufficient ability to pay, concluded that the ability to pay was nonetheless to be read into all contribution statutes.