KELLY v. ROCKEFELLER


284 A.D. 865 (1954)

William C. Kelly, as Commissioner of The Allegany County Public Welfare District, Appellant, v. Hazel Rockefeller, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 22, 1954.


Order reversed on the law, without costs of this appeal to either party, and motion denied, without costs.

Memorandum:

In an action under section 104 of the Social Welfare Law against the actual recipient of public assistance, it is unnecessary for the complaint to allege the recipient's financial ability during the period of assistance. After-acquired property is subject to the same implied contract. (Fuller v. Galeota, 271 App. Div. 155.) We do not...

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