Legal Opinion

Summers v. D'Elia

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

Decided July 25, 1983PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Gibbons, J. P.

This court held in Matter of Leone v Blum (73 AD2d 252) that it was improper for the Department of Social Services (the Department) to assume that a nonlegally responsible nonrecipient of public assistance would contribute moneys he received from the Federal Old-Age, Survivors and Disability Insurance program (OASDI) to the support of others in his family who were in receipt of Aid to Dependent Children (ADC), so as to warrant a prorated public assistance grant. In this case, we consider a related problem: how should the Department treat income received by…

2Cases cited26 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. Van Lare v. HurleySupreme Court of the United States · 1975
  3. In re the Estate of KummerAppellate Division of the Supreme Court of the State of New York · 1983
  4. Johnson v. HarderDistrict Court, D. Connecticut · 1974
  5. Allen v. BlumNew York Court of Appeals · 1983

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3Cited by4 opinions

  1. Septuagenarian v. SeptuagenarianNew York City Family Court · 1984
  2. Collins v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1984
  3. Jacobs v. NewtonCivil Court of the City of New York · 2003
  4. Robertson v. PopolizioAppellate Division of the Supreme Court of the State of New York · 1992

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