Sabot v. Lavine

Appellate Division of the Supreme Court of New York

Sabot v. Lavine

52 A.D.2d 607, 382 N.Y.S.2d 105, 1976 N.Y. App. Div. LEXIS 12227

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

DecidedApril 12, 1976

StatusPublished

This text of 52 A.D.2d 607 (Sabot 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

Sabot v. Lavine, 52 A.D.2d 607, 382 N.Y.S.2d 105, 1976 N.Y. App. Div. LEXIS 12227 (N.Y. Ct. App. 1976).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner, dated September 3, [608]*6081974, which, after a statutory fair hearing, affirmed the denial by the respondent county Commissioner of petitioner’s application for public assistance in the category of aid to dependent children because of the existence of "excess resources” (bank accounts). Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. In this case petitioner admitted that a portion of the moneys on deposit in the bank accounts in question represented gifts to her children. Such moneys may not be regarded as income earned by the children which is exempt under section 349-a of the Social Services Law. When such moneys have been applied towards her needs, petitioner may reapply for public assistance. Hopkins, Acting P. J., Hargett, Damiani, Rabin and Hawkins, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent State Commissioner, dated September 3, [608]*6081974, which, after a statutory fair hearing, affirmed the denial by the respondent county Commissioner of petitioner’s application for public assistance in the category of aid to dependent children because of the existence of "excess resources” (bank accounts). Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. In this case petitioner admitted that a portion of the moneys on deposit in the bank accounts in question represented gifts to her children. Such moneys may not be regarded as income earned by the children which is exempt under section 349-a of the Social Services Law. When such moneys have been applied towards her needs, petitioner may reapply for public assistance. Hopkins, Acting P. J., Hargett, Damiani, Rabin and Hawkins, JJ., concur.

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Bluebook (online)

52 A.D.2d 607, 382 N.Y.S.2d 105, 1976 N.Y. App. Div. LEXIS 12227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sabot-v-lavine-nyappdiv-1976.