FILED: ERIE COUNTY CLERK 03/04/2016 11:15 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 802180/2016
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`RECEIVED NYSCEF: 03/04/2016
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`FILED: ERIE COUNTY CLERK 03m2016 11:15 AM
`NYSCEF DOC. NO.
`1
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`INDEX NO' 802180/2016
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`RaCaIVaD NYSCEF: 03/04/2016
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`STATE OF NEW YORK
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`SUPREME COURT
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`COUNTY OF ERIE
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`AL DIRSCHBERGER, Ph.D.,COMMlSS|ONER
`ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES
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`95 Franklin Street
`
`Buffalo, NY 14202
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`- V -
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`Christopher Gala
`6019 Transit Rd.
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`Depew, NY 14043
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`Plaintiff
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`SUMMONS
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`Defendant
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`TO THE ABOVE NAMED DEFENDANT:
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`You are hereby summoned to answer the complaint in this action and to serve a copy of your
`answer on the plaintiffs attorney within twenty (20) days after the service of this summons,
`exclusive of the day of service, or if service of this summons is made by any means other than
`by personal delivery to you within the state, within thirty (30) days after such service is
`complete.
`In case of your failure to appear or answer, judgment will be taken against you by
`default for the relief granted in the complaint.
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`The basis of the venue designated is the residence of the defendant and/or the
`plaintiffs principal place of business and the location where the defendant received public
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`assistance benefits as outlined in the complaint, which is E__ri Dated: March 3, 2016
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`Buffalo, New York
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`.
`,
`Director of Legal Affairs
`Thomas DeMartino, Esq.
`Social Services Attorney of Counsel,
`Office and PO. Address:
`
`43 Court St, 2nd Floor
`Buffalo, New York 14202
`(716)858-1899
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`1 of 7
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`STATE OF NEW YORK
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`SUPREME COURT : COUNTY OF ERIE
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`AL DIRSCHBERGER, Ph.D., as
`Commissioner of the Erie County
`Department of Social Services,
`95 Franklin Street
`
`Buffalo, New York 14202,
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`-v-
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`CHRISTOPHER CALA
`
`SID# 1300206
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`Plaintiff
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`Defendant
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`COMPLAINT
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`INDEX N0.
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`The Plaintiff as Commissioner of the Erie County Department of Social
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`Services, by his attorney, Marni Bogart, Esq., Director of Legal Affairs, herein
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`alleges:
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`1.
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`That pursuant to Section 65 of the New York‘State Social Services
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`Law (SSL) Plaintiff as Commissioner of the Erie County Department of Social
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`Services is responsible for the administration of all the assistance and care for
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`which the County of Erie is responsible.
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`2.
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`That upon information and belief, at all times hereafter mentioned,
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`the Defendant was and is a resident of the County of Erie and the State of New
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`York.
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`3.
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`That pursuant to Section 104 of the SSL, the Plaintiff may bring an
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`action to recover public assistance and care.
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`4.
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`That pursuant to Section 106-b of the SSL, the Plaintiff is required
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`to take all necessary measures to recover overpayments made to a current or
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`former recipient of public assistance.
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`5.
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`That Section 369 (1) of the SSL provides that all provisions of the
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`Social Services Law not inconsistent with Title 11 of the Social Services Law,
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`Sections 363 through 369, are applicable to medical assistance for needy
`2 of 7
`persons and the administration thereof by social service districts.
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`6.
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`That the Defendant signed the applications for public assistance
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`aware that the Erie County Department of Social Services would rely on the
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`information it contained to determine if Defendant and their family were eligible
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`for public assistance.
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`7.
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`That the applications that the Defendant signed contained the
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`penalty warnings.
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`8.
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`That pursuant to 7 USC Sections 2015(b) (2) and 2022(b) (1) (D)
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`and 7 CFR 273.18 (9) (8) the Plaintiff is required to seek the collection of claims
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`and the recovery of the over issuance of coupons, in the food stamp assistance
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`program.
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`9.
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`That pursuant to the above laws and regulations, the Plaintiff is
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`entitled to seek the recovery of the overpayments of food stamp assistance, the
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`recovery of public assistance and care and recovery of the overpayments of
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`public assistance and care from Defendant.
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`AS AND FOR A FIRST CAUSE OF ACTION :
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`10.
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`Repeats and realleges Paragraphs numbered 1-9 above as if set
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`forth in full herein.
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`11.
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`That Defendant, during the period from October 1, 2011 to March
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`31, 2013, received public assistance and care in the sum of $6,920.80.
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`12.
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`That upon information and belief,
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`the Defendant resided in a
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`household where his presence and his earnings from Sentinel Security were
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`concealed, thereby causing overpayment of assistance to Defendant, as further
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`described in the case summary attached and made a part hereof.
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`13.
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`That
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`the Defendant
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`received overpayments of
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`food stamp
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`assistance and public assistance and care in the sum of $6,920.80 as the result
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`of the facts alleged in the above paragraph from the Plaintiff.
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`AS AND FOR A SECOND CAUSE OF ACTION:
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`14.
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`Repeats and realleges Paragraphs numbered 1—13 above as if set
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`forth in full herein.
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`15.
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`That based upon all of the above described facts, this conduct by
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`the Defendant is conduct described in 11 U.S.C. Section 523 (a) (2) (a), and as
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`such it is not dischargeable in bankruptcy.
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`16.
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`That despite Plaintiff’s demands for repayment of said sum, the
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`Defendant has made no payments and the balance is $6,920.80.
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`WHEREFORE, That no other action has been commenced for the
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`relief sought herein. Plaintiff demands judgment against the Defendant in the
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`sum of $6,920.80, together with interest, court costs and disbursements of this
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`action and a request
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`that any order granted shall specify that
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`it
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`is not
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`dischargeable in bankruptcy as an exception specified in 11 U.S.C. Section 523
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`(a) (2) (a)-
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`Dated: March 3, 2016
`Buffalo, New York -
`
` Marni Bogart, Es.
`
`Director of Legal Affairs,
`Thomas DeMartino, Esq.
`Social Services Attorney of Counsel,
`43 Court Street, 2nd Floor
`Buffalo, New York 14202
`(716) 858-1899
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`4 of 7
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`ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES - SPECIAL INVESTIGATION DIVISION
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`1- c359 N°-=
`A. Individuals Charged:
`Amanda Trillizio
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`Investigation Number:
`2nd Case#
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`.
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`1300205
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`III/I fl) fb/hg/m (CLQQ
`B.Case Name: Trillizio, Amanda J.
`0. Address:
`. 6019 Transit Rd
`(5a N (LAW)
`Depew, NY14043-.
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`2. Basis Of Overgrant:
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`«L
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`Amanda Tn'IIIzio has been residing with Christopher Cala. the father of her daughter Olivia Cala. since
`his release from prison on 8/6/10. Ms Triliizio concealed his presence in the household. and his
`income from General Security Inc (dba Sentinel Security). on Cert signed 8/22/11 and Recert's signed
`3/20/12 & 9/15/12. Discovered 5/7/13. ADH. Mr. Cala's income also made household ineligible for
`Day Care for August 2012. Type 2.
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`
`3. Case History:
`A. Period Case Active:
`
`and
`and
`and
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`9/13/11 - 3/31/13
`Other: DELCHRE 7’9“ng
`8. Period of Overgrant:
`and
`to
`to
`10/1/2011 ‘0 3/31/2013 and
`i0
`to
`and
`to
`Other: PM" 8L[’21 L. 3.13.1 I_I1—.___ Other.
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`2.] ,!_Z____Other: __
`
`and
`am
`and
`
`to
`and
`‘0
`and
`and
`to
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`
`'
`
`Receiveg
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`Entitled To
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`$0.00
`0.00
`$0.00
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`________
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`Adl. Overggng
`'
`$6,324.00
`576 .30 OH (441’
`$6,920.80
`____
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`NY 11803-
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`Dollar Breakdown
`C. PA Assistance during period:
`$6,324.00
`FS Assistance during period:
`5% .90
`in Assistance during period:
`$6,920.80
`TOTAL ll. FS. and m:
`D“m __ _____
`GRAND TOTALS:
`
`
`I 4. Undisclosed Resource/Employment
`A. Source: General Securitv dbn Sentinel Security
`3. Address:
`[00 Fnimhild Ave
`PIuinview
`C. Contact person: Laura Canticllo
`D. Phone#:
`(516)414-2740
`E. Individual employed: Christopher Cain
`F. Period of employment:
`10/ 13/10 -
`G. Gross eamlngs during
`period of overgrant:
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`5. Additional Information:
`
`
`__
`1 YES Date____,_
`A. Client Statement: [.4 NO[
`__SID History: [A0 [
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`] NO [
`] YES Reason _ _
`3. Case on Quarterly Reporting:[
`C. Current status of case: I] Active
`Closed Effective Date
`_3/31_/_2013
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`]YES
`
`[
`
`]NO [ YES _,_I__CE_P;T. ‘I' 2 RE
`
`_ FaerearIng "‘
`_.___
`'231
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`6. Falsiflcatlons Contained In Case Record:
`A-—
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`] Faceto-face
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`] Mail-In
`______ [
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`__
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`<7 -
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`_ c/Me/
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`State OfWew (York
`County qurie
`
`of
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`SS:
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`
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`Marni Bo art Es ./ Thomas DeMartino Es . being duly sworn
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` deposes and says: that he/she is Directoro Le alA airs or the Erie Coun De artment 0
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`Social Services / Counsel or the Erie Coun De artment 0 Social Services on the behal o
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`Al Dirschber er Ph.D. Commissionero Social Services
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`in this action; that he/she has
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`read the foregoing
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`complaint
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`and knows the contents thereof? that the same is true to the knowledge of I ' -onent, except as to
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`the matters herein stated to be alleged on information and bel '
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`I ,
`//
`44/
`believes to be true.
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`/7
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`Sworn to before me, this..~.:).{bzé{........day
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`
`Notary Public, Erie County, New York
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`KIM L. WIEDER
`Notary Public,State of New York
`Qua|ified in Erie County
`M Commission Expires
`y August 4, 2013
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