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Matter of Montgomery v. Perales

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1991
172 A.D.2d 670 (N.Y. App. Div. 1991)

Opinion

April 15, 1991

Appeal from the Supreme Court, Nassau County (Molloy, J.).


Ordered that on the court's own motion, the petitioner's notice of appeal is treated as an application for leave to appeal, the application is referred to Justice Brown, and leave to appeal is granted by Justice Brown (CPLR 5701 [b] [1]); and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements (see, Matter of Long v. Perales, 172 A.D.2d 667 [decided herewith]).

We note that the petitioner herein did, in fact, execute a document authorizing the local agency to retain any Supplemental Security Income benefits to which she might be entitled within 180 days of applying for those benefits (see, 18 N.Y.CRR former 370.7 [a] [4]), although that authorization was executed before the application was filed. Thompson, J.P., Brown, Miller and O'Brien, JJ., concur.


Summaries of

Matter of Montgomery v. Perales

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1991
172 A.D.2d 670 (N.Y. App. Div. 1991)
Case details for

Matter of Montgomery v. Perales

Case Details

Full title:In the Matter of LUCILLE MONTGOMERY, Appellant, v. CESAR PERALES, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 15, 1991

Citations

172 A.D.2d 670 (N.Y. App. Div. 1991)

Citing Cases

Matter of Montgomery v. Perales

Decided September 12, 1991 Appeal from (2d Dept: 172 A.D.2d 670) MOTIONS FOR LEAVE TO APPEAL GRANTED OR…