Legal Opinion
Dolan v. Celebrezze
District Court, E.D. New York
Decided February 16, 1966No. 65-C-665PublishedCited by 1 opinion
1Opinion of the Court
BARTELS, District Judge.
This is an action pursuant to Section 205(g) of the Social Security Act (Act), 42 U.S.C.A. § 405(g), brought to review the final decision of the Secretary of Health, Education and Welfare (Secretary) that the plaintiff Elizabeth Dolan is not entitled to benefits under Section 202(e) of the Act, 42 U.S.C.A. § 402(e), as the widow of John J. Dolan. The Secretary found that the plaintiff had failed to rebut the strong presumption recognized by New York law in favor of the validity of a second marriage and that, therefore, “under the law of the State of New York, she would…
2Cases cited11 opinions
- Walker v. AltmeyerCourt of Appeals for the Second Circuit · 1943
- Lillie T. Carqueville v. Arthur S. Flemming, Secretary of Health, Education and WelfareCourt of Appeals for the Seventh Circuit · 1959
- Thompson v. FlemmingDistrict Court, D. Oregon · 1960
- Lane v. Railroad Retirement BoardCourt of Appeals for the Sixth Circuit · 1950
- In re the Estate of TerryNew York Surrogate's Court · 1961
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3Cited by1 opinion
- Katherine O'rourke, Claimant-Appellee, and Amelia O'rourke, Claimant-Appellant v. Merry Queen Transfer Corp., Petitioner-Appellee-AppellantCourt of Appeals for the Second Circuit · 1967