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MTR OF HAWKINS v. BERLIN

No. 177

26 N.Y.3d 417 (2015)

44 N.E.3d 907

2015 NY Slip Op 08612

In the Matter of CRYSTAL HAWKINS, Appellant, v. ELIZABETH BERLIN, as Executive Deputy Commissioner of the New York State Office of Temporary and Disability Assistance, et al., Respondents.

Court of Appeals of New York.

Decided November 23, 2015.

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy LLP, New York City ( Andrea Hood and Robert Hora of counsel), and Seymour W. James, Jr. , The Legal Aid Society, New York City ( Elizabeth Hay and Kenneth Stephens of counsel), for appellant.

Eric T Schneiderman , Attorney General, New York City ( Claude S. Platton , Barbara D. Underwood and David Lawrence III of Counsel), for Elizabeth Berlin, respondent.

Zachary W. Carter , Corporation Counsel, New York City ( Scott Shorr , Richard Dearing and Francis F. Caputo of counsel), for Robert Doar, respondent.

Chief Judge LIPPMAN and Judges ABDUS-SALAAM and STEIN concur; Judge RIVERA dissents in part in an opinion in which Judge FAHEY concurs.

OPINION OF THE COURT

Under the Social Services Law, a recipient of public assistance must assign to the State and social services district his or her right to child support (see Social Services Law § 158 [5]). The recipient is entitled to any support payments that...

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