MATTER OF MILLER v. SMYTHE


79 Misc.2d 945 (1974)

In the Matter of Helen Miller, Petitioner, v. Carroll A. Smythe, as Commissioner of Social Services, Broome County Department of Social Services, Respondent.

Supreme Court, Special Term, Broome County.

August 15, 1974


Attorney(s) appearing for the Case

Peter A. Daniels for petitioner. Thomas B. Oakes for respondent.


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...

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