Guardianship of Brodine, Matter of
| Decision Date | 06 June 1963 |
| Citation | 241 N.Y.S.2d 864,13 N.Y.2d 734 |
| Parties | , 191 N.E.2d 916 In the Matter of the GUARDIANSHIP OF Barbara F. BRODINE, Minor. William B. Woods, as Director of Public Welfare, Appellant, Henry R. Dutcher, Jr., Guardian-Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 10 A.D.2d 414, 200 N.Y.S.2d 199.
The Director of Public Welfare brought a proceeding to charge against funds of child the cost of the support and maintenance of the child at a private institution to which the infant had been committed by an order of the Children's Court on a charge of juvenile delinquency. The child was entitled to death compensation benefits of $70 monthly from the United States Veterans' Administration and $49.20 monthly from the United States Social Security Agency.
The Surrogate's Court, Monroe County, Michael L. Rogers, S., entered an order directing payment from the child's funds, and the child appealed.
The Appellate Division, Halpern, J., reversed the order, dismissed the proceeding, and held that there was neither statutory nor commonlaw basis for Surrogate's Court to direct reimbursements of public welfare officials out of child's funds.
The Director of Public Welfare appealed to the Court of Appeals.
Leo T. Minton, Rochester, for appellant.
Dutcher, Dutcher & Sidoti, Rochester, for respondent.
Robert D. McClive, Buffalo, for respondent U. S. Veterans Administration.
Order affirmed, with costs to the guardian-respondent against the appellant.
All concur.
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