Legal Opinion
Hoke v. Ortiz
New York Court of Appeals
Decided March 22, 1994PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Angela Ortiz, a public assistance recipient, and the Department of Social Services (DSS) assert competing claims to the proceeds of a settlement of a personal injury case brought by Ortiz. Ortiz, respondent on this appeal, wishes to retain her portion of the proceeds (net of counsel fees) and terminate future financial assistance, while appellant DSS claims the entire amount in consideration of past benefits paid. We conclude that under Social Services Law § 104 (1) DSS may recoup the settlement proceeds (net of counsel fees) and modify the Appellate…
2Cases cited7 opinions
- Baker v. SterlingNew York Court of Appeals · 1976
- People v. KeeffeNew York Court of Appeals · 1980
- City of Albany v. . McNamaraNew York Court of Appeals · 1889
- Matter of Cooper (Mccauley)New York Court of Appeals · 1943
- MATTER OF THURSTON v. DuroseNew York Court of Appeals · 1990
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Attorney Grievance Commission v. SheridanCourt of Appeals of Maryland · 1999
- Starks v. BrowningCourt of Appeals of Tennessee · 1999
- Miner v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1995
- Cricchio v. PennisiAppellate Division of the Supreme Court of the State of New York · 1996
- In re SwingearnAppellate Division of the Supreme Court of the State of New York · 2009
13 more not listed; retrieve them via the Exa API.