Bronx

A Probate Lawyer said in this action for a declaratory judgment in which the defendants have counterclaimed for judgment declaring the rights of the parties as they claim them to be, the latter have moved for summary judgment as prayed for in their counterclaim. The plaintiffs, in accord with the movants’ contention that no triable issues of fact are presented, oppose the motion solely in so far as the declaration of rights sought by the defendants is concerned and seek summary judgment as prayed for in their complaint.

A Kings County Probate lawyer said that the plaintiffs’ testatrix died a resident of this County on August 5, 1959. Her Last Will and Testament dated April 23, 1959, was duly admitted to probate in the Surrogate’s Court, Queens County, on October 13, 1959, and letters testamentary were on that day duly issued to the plaintiffs, who have qualified and are acting as such at this time.

During the lifetime of the testatrix and on the date of her death, she was the owner of 600 shares of the capital stock of the defendant store corporation and 51 shares of the capital stock of the defendant and realty corporation. By paragraph Fourteenth of her will, the plaintiffs’ testatrix bequeathed 350 shares of her store corporation stock to the defendant and 250 shares thereof to the defendant, to be theirs absolutely and forever.

The public assistance recipients who had been classified as employable with limitations had a filed an instant law suit against the City administration and the State. The people were classified as such because of the medical problems that they have. Their allegation was that the City administration often puts them in jobs that are not compatible with their disabilities. The plaintiffs who have been assigned to the Work Experience Program (WEP) state that aside from the incompatible jobs, the State has failed to supervise the program under the Social Services law.

A New York Probate Lawyer found out that the court has found that the plaintiffs had raised a serious fairness issue and could be entitled to a Writ of Mandamus that requires a government agency to do something that they should by law. It can also be a writ of prohibition, which will prohibit a government agency, even a judge, from doing something that they should not. Or it can also be a Mandamus Review, where a decision of a public agency is reversed.

According to the social services law, in exchange for welfare benefits, the aid recipients need to perform WEP assignments, unless the recipients are exempted due to physical or mental disabilities. The city’s medical contractor determines if they are E-I or employable, E-II or employable with limitations, E-III or temporarily disabled, or E-IV which is permanently disabled. People classified as E-II should still work but will be assigned jobs compatible with their disability.

Articles Posted in Bronx

Plaintiff Brings Declaratory Judgment

the aid recipients need to perform WEP assignments