Legal Opinion
Miller v. Smythe
New York Supreme Court
Decided August 15, 1974PublishedCited by 4 opinions
1Opinion of the Court
Paul J. Yesawich, Jr., J.
By-this article 78 proceeding petitioner challenges the amount of a lien asserted by respondent Broome County Department of Social Services on any proceeds which the petitioner may recover in a personal injury action which is presently pending against .a third party.
The negligence cause of action accrued in 1969. From 1971 to the present time, petitioner and her minor children have received public assistance under the Aid to Dependent Children (ADC) program pursuant to title 10 of the Social Services Law. In March of 1974 respondent served notice of its lien pursuant…
2Cases cited3 opinions
- Marsh v. La MarcoNew York Supreme Court · 1973
- Romeo v. New York City Transit AuthorityNew York Supreme Court · 1973
- Sotelo v. Marine Transport, Inc.District Court, S.D. New York · 1973
3Cited by4 opinions
- In re the Estate of WardNew York Surrogate's Court · 1975
- In re the Estate of FigliolaNew York Surrogate's Court · 1975
- Childs v. Essex County Division of WelfareNew Jersey Superior Court Appellate Division · 1988
- Franklin v. FiorellaNew York Supreme Court · 1979