Citation Numbers: 44 Misc. 2d 1079
Judges: Regan
Filed Date: 2/1/1965
Status: Precedential
Modified Date: 2/5/2022
The Commissioner of 'Social Welfare has commenced a proceeding to compel the executors of the estate of Maria Commendatore to render and settle their accounts and show cause why the claim of the Commissioner of Social Welfare should not be paid. The claim appears to be against the estate for the sum of $1,188.56 for public assistance rendered to the grandchildren of the above decedent. Such assistance was allegedly granted from August 1 to August 30, 1954; from June 1 to June 30, 1958, and from January 1, 1959 to February 7, 1961. The executors have rejected said claim and raise the question that the statutes relating to social welfare claims are unconstitutional.
The pertinent sections of the Social Welfare Law are: section 101, which lists the persons liable and includes ‘ ‘ husband, wife, father, mother, grandparent or child of a recipient of public
The executors’ contention of unconstitutionality appears to this court as being without substance. The obligation to reimburse a Public Welfare Commissioner for moneys expended upon an indigent person or persons is created by statute. The court cannot see where there is any deprivation of property without due process of law that a distributee of an estate may claim, inasmuch as such distributee had no legal title to decedent’s property during decedent’s lifetime.
In this case the assistance was rendered after the amendments of 1953. From 1953 until the statute was amended in 1963 there are numerous cases which indicated that there was ‘ ‘ no law requiring the commissioner of public welfare to exhaust his remedies against relatives in any particular order as a prerequisite to recovery under section 104.” (Matter of Campbell, 208 Misc. 281, 283.) Evidently the amendment in 1963 merely codified the decisions of the courts.
Furthermore, the respondents have not been deprived of their rights to a hearing herein and while the court in this decision