Legal Opinion
Clement v. Lavine
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 1975PublishedCited by 5 opinions
1Opinion of the CourtSimons, J.
The issue on this appeal is what recourse does the Department of Social Services have, if any, when a recipient presently receiving public assistance, transfers1 without fair consideration, her only resource (a dwelling house and 21-acre farm) to a relative not legally responsible for the recipient’s support (Social Services Law, § 101).
Appellant Adelaide Clement is 79 years old. She and her husband were certified for medicaid assistance in 1969 and she has received such assistance continuously since that time (Mr. Clement died in July, 1971 but he received assistance until his death). At the…
2Cases cited3 opinions
- Sweeney v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1975
- Arlasky v. DimitriAppellate Division of the Supreme Court of the State of New York · 1971
- Mondello v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1975
3Cited by5 opinions
- Scarpuzza v. BlumAppellate Division of the Supreme Court of the State of New York · 1980
- Carrington v. ToiaAppellate Division of the Supreme Court of the State of New York · 1979
- Sherman v. SanfilippoAppellate Division of the Supreme Court of the State of New York · 1980
- Benvenuto v. SmithAppellate Division of the Supreme Court of the State of New York · 1979
- Rogers v. ShangAppellate Division of the Supreme Court of the State of New York · 1979