Martin v. Lavine

Appellate Division of the Supreme Court of New York

Martin v. Lavine

47 A.D.2d 731, 366 N.Y.S.2d 3, 1975 N.Y. App. Div. LEXIS 8992

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 11, 1975

StatusPublished

Cited by2 cases

This text of 47 A.D.2d 731 (Martin v. Lavine) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martin v. Lavine, 47 A.D.2d 731, 366 N.Y.S.2d 3, 1975 N.Y. App. Div. LEXIS 8992 (N.Y. Ct. App. 1975).

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Opinion

Judgment, Supreme Court, New York County, entered on October 15, 1973, directing respondent to provide petitioners and all members of their class with a “ disregard ” of up to $4 from November 1, 1972 to June 5, 1973, unanimously modified, on the law and on the facts, to the extent of directing that petitioners are entitled to such “ disregard ” retroactive to Ocober 1, 1972, and as so modified, the judgment is affirmed, without costs and without disbursements. Petitioners are entitled to the “ disregard ” from October 1, 1972, the date on which other categories of old age survivors and disability insurance benefits recipients became eligible for the $4 “ disregard.” Once it was determined that petitioners stood in the same position as others who received old age survivors and disability insurance benefits, it follows that they are entitled to those benefits as of October 1, 1972. Concur — Stevens, J. P., Kupferman, Lupiano, Capozzoli and Lane, JJ.

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Judgment, Supreme Court, New York County, entered on October 15, 1973, directing respondent to provide petitioners and all members of their class with a “ disregard ” of up to $4 from November 1, 1972 to June 5, 1973, unanimously modified, on the law and on the facts, to the extent of directing that petitioners are entitled to such “ disregard ” retroactive to Ocober 1, 1972, and as so modified, the judgment is affirmed, without costs and without disbursements. Petitioners are entitled to the “ disregard ” from October 1, 1972, the date on which other categories of old age survivors and disability insurance benefits recipients became eligible for the $4 “ disregard.” Once it was determined that petitioners stood in the same position as others who received old age survivors and disability insurance benefits, it follows that they are entitled to those benefits as of October 1, 1972. Concur — Stevens, J. P., Kupferman, Lupiano, Capozzoli and Lane, JJ.

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Bluebook (online)

47 A.D.2d 731, 366 N.Y.S.2d 3, 1975 N.Y. App. Div. LEXIS 8992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-lavine-nyappdiv-1975.

Opinion

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