(DOWNLOAD) "Matter James R. Dumpson v. Rosalyn Cembalist" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Matter James R. Dumpson v. Rosalyn Cembalist
- Author : Supreme Court of New York
- Release Date : January 18, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Order of the Family Court, Bronx County, dated November 5, 1964, directing appellant, pursuant to section 415 of the Family Court Act, to pay $25 per week towards the support of her 88-year-old father, unanimously reversed on the law and the facts, without costs or disbursements, and the matter is remitted to the Family Court for a new hearing. There is no dispute that appellant's father is a guest at Kingsbridge House in The Bronx and that the cost of maintaining him there is $460 per month. Section 415 of the Family Court Act makes the child of a recipient of public assistance or care responsible for the support of such person, if the child is ""of sufficient ability"". Section 101 of the Social Welfare Law imposes a similar obligation. In Whalen v. Downs (10 A.D.2d 148) the court held (p. 151) that the burden was on the petitioner in such a case to show financial ability; and that ""sufficient ability"" to support a relative ""would take into consideration the other needs of the person from whom reimbursement is sought, e.g., his own necessities in relation to his income."" It is apparent therefore that a determination of ""sufficient ability"" can only be made after a consideration of the peculiar circumstances of each case. We recognize, as did the court in Matter of Liddle v. Roberts (15 A.D.2d 620, 621) ""that proceedings of this type are conducted in an informal manner"" but that nevertheless ""a record should be developed that justifies