MATTER OF MACHABEE v. De Shaw

LAWRENCE, J.

James F. Mills, County Attorney, for petitioner. Roy De Shaw, in person, and Allen L. Gurley for respondent. LAWRENCE, J. The Commissioner of Public Welfare, proceeding under article 3 of title 6 of the Social Welfare Law, seeks in this proceeding to compel Roy De Shaw to support his parents, who heretofore have been old-age recipients. The record shows that Roy De Shaw operates a pig farm of 180 acres and income had been before his death was involved. The picture is far different than that presented in this case. Matter of Claiborn (51 N. Y. S. 2d 543) is a case where $1,000 had been furnished to the grandchildren of a poor woman whose monthly income was $80 and whose only assets were life insurance policies with some cash surrender value. In none of the cases cited was there any approach to the kind of a gross income received by the respondent as in this case. As I see it in some manner he should be able to curtail some of his expenses. Submit order determining that Roy De Shaw is of sufficient ability to support his parents.