Legal Opinion

State v. Jacobs

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

Decided November 16, 1990PublishedCited by 8 opinions

1Opinion of the Court

Order and judgment unanimously affirmed without costs. Memorandum: Defendant is the representative payee of her son’s Social Security disability benefits. The State sued defendant to recover $2,279.42 of those benefits for services rendered to her son while he resided at the State-operated Monroe Developmental Center. The State alleged in its complaint that defendant wrongfully spent the Social Security benefits.

The State’s action is barred by Federal law. The Social Security Act provides that Social Security benefits shall not be subject "to execution, levy, attachment, garnishment, or other *877…

2Cases cited6 opinions

  1. Philpott v. Essex County Welfare BoardSupreme Court of the United States · 1973
  2. Bennett v. ArkansasSupreme Court of the United States · 1988
  3. Schaffer v. EvansNew York Court of Appeals · 1982
  4. Legal Aid Society of Northeastern New York, Inc. v. Economic Opportunity Commission of Nassau County, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  5. Brooks v. Board of Higher EducationNew York Supreme Court · 1982

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Muller v. StateNew York Court of Claims · 1999
  2. Jiggetts v. DowlingAppellate Division of the Supreme Court of the State of New York · 2004
  3. Ecolono v. Division of Reimbursements of the Department of Health & Mental HygieneCourt of Special Appeals of Maryland · 2001
  4. Wynne v. DestasoAppellate Division of the Supreme Court of the State of New York · 2003
  5. Contact Resource Services v. GregoryRochester City Court · 2005

3 more not listed; retrieve them via the Exa API.

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