Whalen v. Downs

Per Curiam.. In this action by the County Commissioner of Public Welfare against the defendant for reimbursement of $4,233.66 expended for public assistance granted by plaintiff to defendant’s mother, the County Court has entered summary judgment in favor of the plaintiff.

The basis of defendant’s liability for public assistance granted his mother is that he be “ of sufficient ability ” to be “ responsible for ” such support (Social Welfare Law, § 101; see, also, § 104, subd. 1). Plaintiff has the burden of showing the financial ability.

The complaint alleges in general terms that defendant “…