McCarthy v. Brainard

Appellate Division of the Supreme Court of New York

McCarthy v. Brainard

6 A.D.2d 1029, 178 N.Y.S.2d 403, 1958 N.Y. App. Div. LEXIS 4642

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

DecidedOctober 7, 1958

StatusPublished

Cited by1 cases

This text of 6 A.D.2d 1029 (McCarthy v. Brainard) 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

McCarthy v. Brainard, 6 A.D.2d 1029, 178 N.Y.S.2d 403, 1958 N.Y. App. Div. LEXIS 4642 (N.Y. Ct. App. 1958).

Pincite

Opinion

The question here is limited to whether the Commissioner of Welfare is entitled to reimbursement for the cost of maintaining the dependents of this incompetent [1030]*1030after the appointment of the committee and until the time of the application. We hold that if the estate of the incompetent is sufficiently large there is no reason why his obligation to support his dependents should not be enforced. The Federal statute (U. S. Code, tit. 38, § 3001, subd. [a]) does not prohibit recovery in such a ease. However, we feel that the estate of this incompetent is hardly enough to provide for the incompetent’s needs in the event of contingencies affecting his welfare. In the circumstances the order appealed from is affirmed, without costs. Concur — Rabin, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.

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The question here is limited to whether the Commissioner of Welfare is entitled to reimbursement for the cost of maintaining the dependents of this incompetent [1030]*1030after the appointment of the committee and until the time of the application. We hold that if the estate of the incompetent is sufficiently large there is no reason why his obligation to support his dependents should not be enforced. The Federal statute (U. S. Code, tit. 38, § 3001, subd. [a]) does not prohibit recovery in such a ease. However, we feel that the estate of this incompetent is hardly enough to provide for the incompetent’s needs in the event of contingencies affecting his welfare. In the circumstances the order appealed from is affirmed, without costs. Concur — Rabin, J. P., M. M. Frank, Valente, McNally and Stevens, JJ.

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Bluebook (online)

6 A.D.2d 1029, 178 N.Y.S.2d 403, 1958 N.Y. App. Div. LEXIS 4642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarthy-v-brainard-nyappdiv-1958.

Opinion

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