Legal Opinion

Walker v. Buscaglia

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

Decided December 14, 1979PublishedCited by 13 opinions

1Opinion of the Court

OPINION OF THE COURT

WITMER, J.

This appeal presents questions (1) as to the jurisdiction of Family Court, (2) whether an article 78 proceeding in the nature of prohibition is an appropriate vehicle by which to test such jurisdiction and to afford a proper remedy to petitioners and, if so, (3) what the remedy should be. The case arises from efforts by respondent Fred J. Buscaglia, Commissioner of Erie County Department of Social Services, to require the parents of petitioners either to reimburse the county for current public assistance payments being made to petitioners or to accept the return…

2Cases cited15 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  3. La Rocca v. LaneNew York Court of Appeals · 1975
  4. Dondi v. JonesNew York Court of Appeals · 1976
  5. Tucker v. ToiaNew York Court of Appeals · 1977

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

3Cited by13 opinions

  1. Karin T. v. Michael T.New York City Family Court · 1985
  2. Commissioner of Social Services v. Remy K.Y.Appellate Division of the Supreme Court of the State of New York · 2002
  3. Toft ex rel. Beavers v. BeaversAppellate Division of the Supreme Court of the State of New York · 1986
  4. Maria E. v. Anthony E.New York City Family Court · 1984
  5. Catholic Charities of Roman Catholic Diocese of Syracuse, Inc. v. BarberNew York City Family Court · 1981

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

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