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MATTER OF SABOT v. LAVINE

42 N.Y.2d 1068 (1977)

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

Court of Appeals of the State of New York.

Decided October 13, 1977.

Attorney(s) appearing for the Case

Wendy Sabot, appellant pro se.

Louis J. Lefkowitz, Attorney-General (Peter A. Berkowsky, Samuel A. Hirshowitz and Herbert J. Wallenstein of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The judgment of the Appellate Division should be reversed.

In our view these sums deposited in the children's accounts are not available resources within the meaning of the statute or implementing regulation (10 NYCRR 352.23) which must be exhausted before public assistance can be made available. The sums involved are not only trivial accumulations, the record shows that they are the result of small deposits — generally $5 or $10 —...

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