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Matter of Vassallo v. Kaladjian

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 896 (N.Y. App. Div. 1995)

Opinion

June 9, 1995

Appeal from the Supreme Court, Monroe County, Cornelius, J.

Present — Denman, P.J., Green, Fallon, Doerr and Balio, JJ.


Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Respondents acted arbitrarily in considering sums of money given to petitioner by her estranged husband to be income available to her for support, thereby eliminating her entitlement to Aid to Dependent Children benefits. The money was given to petitioner to pay her husband's share of outstanding marital debt and respondents' investigation confirmed that petitioner used the funds for that specific purpose. Thus, the sums were not actually available to petitioner for support (see, 45 C.F.R. § 233.20 [a] [3] [ii] [D]; Henry v Gross, 803 F.2d 757, 764). Consequently, we modify the judgment on appeal by granting that part of the petition seeking to annul the determination of respondents that petitioner received available income from her husband, and we remit the matter to Supreme Court for further proceedings to determine whether petitioner is entitled to an award of counsel fees.


Summaries of

Matter of Vassallo v. Kaladjian

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 896 (N.Y. App. Div. 1995)
Case details for

Matter of Vassallo v. Kaladjian

Case Details

Full title:In the Matter of ANDREA VASSALLO, Appellant-Respondent, v. GREGORY M…

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

Date published: Jun 9, 1995

Citations

216 A.D.2d 896 (N.Y. App. Div. 1995)
629 N.Y.S.2d 150