Legal Opinion

Moschella v. Romano

Appellate Division of the Supreme Court of the State of New York

Decided April 8, 1985PublishedCited by 2 opinions

1Opinion of the Court

*703Based upon the evidence presented before the agency, we cannot say that the denial of petitioner’s application for Emergency Assistance for Adults was arbitrary or capricious (see, Social Services Law § 303 [1] [m]; 18 NYCRR 397.5 [1] [2]).

Petitioner contends for the first time in this proceeding that the local agency gave him inadequate notice of the denial of benefits. As this issue was not raised before the agency, it has not been preserved for this court’s review. In any event, the notice was adequate (see, Matter of Schevchik v Blum, 89 AD2d 680; Matter of Herring v Blum, 68 AD2d 64).

We…

2Cases cited2 opinions

  1. Herring v. BlumAppellate Division of the Supreme Court of the State of New York · 1979
  2. Schevchik v. BlumAppellate Division of the Supreme Court of the State of New York · 1982

3Cited by2 opinions

  1. Tender Loving Care Day Care, Inc. v. New York State Office of Children & Family ServicesAppellate Division of the Supreme Court of the State of New York · 2008
  2. Boyd v. GrinkerAppellate Division of the Supreme Court of the State of New York · 1990

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