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MTR. OF CLEMENT v. LAVINE

50 A.D.2d 63 (1975)

In the Matter of Adelaide Clement, Appellant, v. Abe Lavine, as Commissioner of The New York State Department of Social Services, et al., Respondents

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

December 17, 1975

Attorney(s) appearing for the Case

Barrett, Maier & Barrett, P. C. (Dennis T. Barrett of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Eileen A. Sullivan and Jean M. Coon of counsel), for Abe Lavine and another, respondents.

Lawrence Tranello (Sam DiLalla of counsel), for James Reed and another, respondents.

MARSH, P. J., and MOULE, J., concur with SIMONS, J.; CARDAMONE and GOLDMAN, JJ., dissent and vote to reverse the judgment and grant the petition in opinion by CARDAMONE, J.

SIMONS, J.

The issue on this appeal is what recourse does the Department of Social Services have, if any, when a recipient presently receiving public assistance, transfers1 without fair consideration, her only resource (a dwelling house and 21-acre farm) to a relative not legally responsible for the recipient's support (Social Services Law, § 101).

Appellant Adelaide Clement...

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