HOKE v. ORTIZ


83 N.Y.2d 323 (1994)

632 N.E.2d 861

610 N.Y.S.2d 455

Thomas P. Hoke, as Commissioner of the Broome County Department of Social Services, Appellant, v. Angela Ortiz, Respondent. Cenesky, Alenik, Stefanski & Pool, Nonparty Respondent.

Court of Appeals of the State of New York.

Decided March 22, 1994.


Attorney(s) appearing for the Case

Philomena M. Stamato, Binghamton, for appellant.

Charlotte Bunzey, Binghamton, for Angela Ortiz, respondent.

Cenesky, Alenik, Stefanski & Pool, Johnson City (James A. Mack and John F. Cenesky of counsel), nonparty respondent pro se.

Scheine, Fusco, Brandenstein & Rada, P. C., Woodbury (Joan S. O'Brien of counsel), for New York State Trial Lawyers Association, amicus curiae.

G. Oliver Koppell, Attorney-General, Albany (Jerry Boone, Peter H. Schiff and Siobhan S. Crary of counsel), for New York State Department of Social Services, amicus curiae.

Judges SIMONS, BELLACOSA, SMITH and CIPARICK concur; Judges TITONE and LEVINE taking no part.


Chief Judge KAYE.

Angela Ortiz, a public assistance recipient, and the Department of Social Services (DSS) assert competing claims to the proceeds of a settlement of a personal injury case brought by Ortiz. Ortiz, respondent on this appeal, wishes to retain her portion of the proceeds (net of counsel fees) and terminate future financial assistance, while appellant DSS claims the entire amount in consideration...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases