Taff's Estate, In re

Decision Date21 January 1970
Citation306 N.Y.S.2d 849,61 Misc.2d 602
PartiesIn the Matter of the ESTATE of Charles TAFF, Sr., Deceased. Surrogate's Court, Erie County
CourtNew York Surrogate Court

Robert E. Casey, Jr., County Atty. (Betty Klein, Buffalo, of counsel), for George G. Sipprell, Com. of Erie County Dept. of Social Services.

H. Jarvis Turner, Buffalo, for respondent.

WILLIAM J. REGAN, Surrogate.

This is a proceeding by the Commissioner of the Erie County Department of Social Services against the Estate of Charles Taff, Sr. to compel payment of the County's claim of $5,015.06 for assistance rendered to Charles Taff, Jr., decedent's son, in the New York State Agricultural and Industrial School at Industry, New York.

Charles Taff, Jr. was committed to the school at Industry, New York as a person in need of supervision by an order of a judge of the Erie County Family Court and was there incarcerated from May 13, 1966 to February 5, 1967. In the Matter of the State of Tuttle, 37 Misc.2d 91, 92, 233 N.Y.S.2d 305, 306, the court said,

'Although there is a distinction between a determination of juvenile delinquency and a neglected child, the court is of the opinion that on the facts here it is a distinction without any difference. In both cases the state may act through the courts to intervene in the place of the parents and assume the control and custody of the child regardless of the consent or the position taken by the parents. (Matter of Cole, 212 App.Div. 427, 429, 208 N.Y.S. 753, 755; In re Whitmore, Dom.Rel.Ct., 47 N.Y.S.2d 143). This is certainly not public assistance and care in the traditional sense. (Matter of Brodine, supra). In both cases the State is attempting, as it should, to restore a useful member to society.

'The court holds that in accordance with the Brodine case, the exclusive remedy to obtain a contribution from the parents towards the maintenance of the child at the place of commitment, was under former § 40 of the Children's Court Act. The claim of the Board of Public Welfare is accordingly dismissed.'

The Brodine Case above referred to is Matter of Brodine's Guardianship, 10 A.D.2d 414, 416, 200 N.Y.S.2d 199, 201, aff'd 13 N.Y.2d 734, 341 N.Y.S.2d 864, 191 N.E.2d 916. In that case the court said:

'* * * Support and maintenance in an institution in which the child is involuntarily incarcerated on a charge of delinquency, by a court order, is not 'public assistance or care' within the meaning of that section. (Matter of Charles, 181 Misc. 194, 40 N.Y.S.2d 905).'

Former § 40 of the Children's Court Act is now § 233 of the Family Court Act. The courts have held that that section, together with the...

To continue reading

Request your trial
6 cases
  • Baker v. Sterling
    • United States
    • New York Court of Appeals Court of Appeals
    • 8 Abril 1976
    ...131; Matter of Groom, 203 Misc. 574, 116 N.Y.S.2d 454; Matter of Stackpole v. Scott, 9 Misc.2d 922, 168 N.Y.S.2d 495; Matter of Taff, 61 Misc.2d 602, 306 N.Y.S.2d 849).4 At common law, the infant had no cause of action for medical expenses incurred. Since the duty to supply these necessarie......
  • Allstate Insurance Company v. Furman
    • United States
    • New York Court of Appeals Court of Appeals
    • 7 Octubre 1982
    ...(e.g., Matter of Smith v. Lavine, 78 Misc.2d 776, 357 N.Y.S.2d 947; Galante v. Doe, 68 Misc.2d 295, 326 N.Y.S.2d 199; Matter of Taff, 61 Misc.2d 602, 306 N.Y.S.2d 849; Matter of Woods v. Mason, 32 Misc.2d 745, 222 N.Y.S.2d 903; Conigliaro v. Rosa, 24 Misc.2d 15, 202 N.Y.S.2d 560; De Marco v......
  • Marsh v. La Marco
    • United States
    • New York Supreme Court
    • 7 Septiembre 1973
    ...made at a time when the infant had no excess funds (See Galante v. Doe, 68 Misc.2d 295, 326 N.Y.S.2d 199; In re Estate of Taff, 61 Misc.2d 602, 306 N.Y.S.2d 849; Application of Woods, 32 Misc.2d 745, 222 N.Y.S.2d 903). 'Necessaries' as a word of art includes medical and hospital expenses (I......
  • Galante v. Doe
    • United States
    • New York City Court
    • 19 Octubre 1971
    ...not be used to reimburse for expenditures for care and maintenance of the infant and her mother. In the later case of In re Estate of Taff, 61 Misc.2d 602, 306 N.Y.S.2d 849, which was a proceeding by the Commissioner of the County Department of Social Services against the decedent's estate ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT