Legal Opinion

In re the Estate of Colon

New York Surrogate's Court

Decided August 18, 1975PublishedCited by 35 opinions

1Opinion of the Court

Nathan R. Sobel, S.

The recurring problem of the right of social service departments ("Departments”) to recover for public assistance and care given to needy recipients has been troubling our courts since 1935 and with increasing frequency of late. In our Supreme Court such issues arise mainly with respect to claims by a Department against personal injury recoveries. The Surrogate’s Courts are concerned with claims by a Department against estates and as well against legatees and distributees of these estates.

Although there have been hundreds of reported decisions, for reasons which are…

2Cases cited37 opinions

  1. Marshall v. New YorkSupreme Court of the United States · 1920
  2. City of Albany v. . McNamaraNew York Court of Appeals · 1889
  3. Central New York Coach Lines, Inc. v. Syracuse Herald Co.New York Court of Appeals · 1938
  4. Hodson v. StapletonAppellate Division of the Supreme Court of the State of New York · 1936
  5. Woods v. MasonNew York Supreme Court · 1961

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3Cited by35 opinions

  1. In re the Estate of LainezAppellate Division of the Supreme Court of the State of New York · 1981
  2. In re the Estate of KummerAppellate Division of the Supreme Court of the State of New York · 1983
  3. Brown v. StoneDistrict Court, E.D. New York · 1999
  4. In Re the Estate of CraigNew York Court of Appeals · 1993
  5. Steuben County Department of Social Services v. DeatsNew York Court of Appeals · 1990

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

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