Mass v. Blum

OPINION OF THE COURT

Con. G. Cholakis, J.

Plaintiff’s action for a declaratory judgment and related relief is before the court upon cross motions for judgment which place in issue the constitutionality of subdivision 2 of section 301 of the State Administrative Procedure Act. It is the plaintiff’s position that the statute impermissibly denies judicial review with respect to the sufficiency of the notice given of an adjudicatory proceeding. In pertinent part, the statute reads (State Administrative Procedure Act, § 301, subd 2): “Upon application of any party, a more definite and detailed…