Denis M. Hurley, Corporation Counsel (
Mathilda Miller of counsel), for petitioner and Department of Welfare of City of New York.
Cornelius McDougald for "Maria Rotina", respondent.
denial of the department of welfare of the city of New York's request for an order against her at this time. Out of that $5,000 United States Government death award received in 1943, she has a residue of only $1,435.68, having drawn upon it for the living expenses of herself and her minor children while still dependent upon her. Her only other present resources are postal savings certificates in the aggregate of $1,490 and the afore-mentioned monthly pension. Until April, 1953, she had earned about $10 a week as a domestic but then ceased work because of hypertension and rheumatism, and she is now wholly dependent on those savings and pension. In
City of New York v. Sullivan (246 App. Div. 55, 56-57) the Appellate Division, First Department, reversed a support order for a wife predicated solely on a $5,000 cash legacy and ruled that the Family Court "in making an award should take into consideration not only the fact that the appellant is about to receive a legacy but should consider, in addition thereto, his advanced years, and the amount of money he may need for his support when he is no longer able to receive anything for his labors." That ruling, concerning a husband's support obligation, applies with added force to a sixty-one year-old widowed grandmother, whose chargeability, unlike a husband's or a father's, is statutory only and, being in derogation of the common law, should be strictly construed. For the foregoing reasons this proceeding is hereby marked "Reserved Generally" also against respondent No. 1, without prejudice, however, to the right of petitioner or department of welfare of the city of New York to reopen it when and if there develop pertinent future facts. It should be added, for completeness and in fairness to department of welfare of the city of New York, that the instant proceeding was fully justified because respondent No. 1 had declined to answer the inquiries of the department of welfare social investigators concerning her son "Carlos'" whereabouts and her own resources and that he was located after several years and placed under a court order in the prior proceeding against him only after the threat of this proceeding against her. Thus, this appears to be a case, of a type unfortunately familiar, in which the father disappears and the paternal grandparent colludes with him out of hostility or indifference toward the daughter-in-law, grandchildren, and the public relief authorities. Notice shall be given pursuant to the subjoined direction. [*] The opinion as filed sets forth the true names of all parties but as here published substitutes fictitious names and disguises certain other details, in consonance with the spirit of
section 52 of the New York City Domestic Relations Court Act (L. 1933, ch. 482, as amd.).