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ACEVEDO v. ROJAS

230 A.D.2d 878 (1996)

646 N.Y.S.2d 714

Carmen Acevedo, as Administrator of The Estate of Francisco Acevedo, Deceased, Respondent, v. Jose O. Barrios Rojas, Defendant, and Commissioner of Social Services of The City of New York, Appellant

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

August 26, 1996

Ordered that the order is affirmed, with costs.

It is undisputed that the decedent, Francisco Acevedo, received public assistance from the New York City Department of Social Services (hereinafter the DSS) during a portion of the time that he was married to the plaintiff Carmen Acevedo. After Francisco died, the plaintiff commenced this action to recover damages for his wrongful death. She subsequently settled the action for the sum of $120,000, whereupon the appellant...

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