MATTER OF MOLLOY v. BANE


214 A.D.2d 171 (1995)

631 N.Y.S.2d 910

In the Matter of Barbara J. Molloy, Petitioner, v. Mary Jo Bane, as Commissioner of Social Services of The State of New York, et al., Respondents

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

October 2, 1995


Attorney(s) appearing for the Case

John N. Fath, P. C., Patchogue (Alfred C. Mahany and David M. Johnson of counsel), for petitioner.

Gary C. Samuels, Pomona (David Parker of counsel), for Noah Weinberg, respondent.

SULLIVAN, J. P., THOMPSON and JOY, JJ., concur.


MILLER, J.

The instant appeal presents a collision of two irreconcilable rules of law. On the one hand, there is a generally recognized right to renounce any and all testamentary or intestate distributions, even when to do so would frustrate one's creditors. On the other hand, public aid is limited and should be spent only on the truly needy. Here, we hold that the policy considerations underlying the latter...

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