N.Y. Laws » CHAPTER Social Services / ARTICLE Assistance and Care / TITLE General Provisions
New York Consolidated Laws

N.Y. Social Services Law § 145 (2026)

Penalties

✓ current as of May 2026
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§ 145. Penalties. 1.  Any person who by means of a false statement or
representation, or by deliberate concealment of any material fact, or by
impersonation or other fraudulent device, obtains or attempts to obtain,
or aids or abets any person to obtain public assistance or care to which
he is not entitled, or does any wilful act designed to interfere with
the proper administration of public assistance and care, shall be guilty
of a misdemeanor, unless such act constitutes a violation of a provision
of the penal law of the state of New York, in which case he shall be
punished in accordance with the penalties fixed by such law. Failure on
the part of a person receiving public assistance or care to notify the
social services official granting such assistance or care of the receipt
of money or property or income from employment or any other source
whatsoever, shall, upon the cashing of a public assistance check by or
on behalf of such person after the receipt of such money, or property,
or income, constitute presumptive evidence of deliberate concealment of
a material fact. Whenever a social services official has reason to
believe that any person has violated any provision of this section, he
shall promptly refer the facts and evidence available to him to the
appropriate district attorney or other prosecuting official, who shall
immediately evalaute the facts and evidence and take appropriate action.
  2. The provisions of subdivision one of this section shall apply to
social services officials and employees, who shall also be subject to
removal and shall be liable in an action brought by the county or city,
or by the state commissioner of social services, for the value of the
public assistance improperly granted to any person as a result of the
wilful wrongful act of such official or employee.
Notes of Decisions
Cited in 9 cases, 1969–2020 · leading case: United States ex rel. Bilotta v. Novartis Pharm. Corp., 50 F. Supp. 3d 497 (S.D.N.Y. 2014).
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United States ex rel. Bilotta v. Novartis Pharm. Corp., 50 F. Supp. 3d 497 (S.D.N.Y. 2014). “Social Services Law § 145-b makes it unlawful for any person, firm or corporation knowingly by means of a false statement or representation, or by deliberate concealment of any material fact, or other fraudulent scheme or device, on *549 behalf of himself or others, to attempt…”
Wyman v. James, 400 U.S. 309 (1971). “Time and again, in briefs and at oral argument, appellants emphasized the need to enter AFDC homes to guard against welfare fraud and child abuse, both of which are felonies.”
People v. Simonton, 244 A.D.2d 1004 (N.Y. App. Div. 1997). · cites it 3× “The People also agree with defendant that the court erred in failing to reverse the conviction of fraudulently obtaining public assistance, a misdemeanor offense under Social Services Law § 145, based upon defendant’s conviction under the Penal Law for the same conduct, i.”
Claim of Flow v. Mark IV Constr. Co., 288 A.D.2d 779 (N.Y. App. Div. 2001). “…e.g., Banking Law § 71 [7] [b]; Executive Law § 172-d; General Business Law § 339-a; Insurance Law § 4413 [g] [2]; Social Services Law § 145 [1]). Next, claimant asserts that the statute is criminal in nature and, therefore, the substantial evidence standard of review…”
Gaddis v. Wyman, 304 F. Supp. 717 (N.D.N.Y. 1969). “N.Y. Social Services Law § 145 . A classification basing eligibility upon motive, therefore, draws an invidious and irrational distinction between those who have resided in the state for more than a year and those who have not, all with a view to discouraging the latter’s…”
People v. Sellers, 109 A.D.2d 387 (N.Y. App. Div. 1985). · cites it 2× “After a jury trial, defendant was found guilty of obtaining public assistance or care to which she was not entitled by means of a false statement or representation in violation of Social Services Law § 145. On this appeal, defendant claims that the People failed to prove that…”
People v. Minott, 41 Misc. 3d 1002 (N.Y. City Crim. Ct. 2013). “) And concealment of a material fact, in violation of Social Services Law § 145, has been found to be a continuing offense, since the “very essence of concealment is continuity for the period required to accomplish the desired result” (People v Bellamy, 94 Misc 2d 1028, 1031…”
People v. Robinson, 261 A.D.2d 642 (N.Y. App. Div. 1999). · cites it 3× “1505/94 is modified, on the law, by reversing the conviction for fraud pursuant to Social Services Law § 145, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, that judgment is affirmed; and it is further, Ordered that the…”
Phillips v. Delaney (S.D.N.Y. 2020). “”); N.Y. Social Services Law § 145 -b(2) (permitting only “the local services division or the State” to maintain an action to recover civil damages for fraudulently obtaining public funds).”
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