Valdes v. Kirby

*369OPINION OF THE COURT

Leon D. Lazer, J.

Petitioner in this article 78 proceeding, which has been referred to this court by Mr. Justice Lipetz, is a recipient of public assistance in the home relief category. She seeks a judgment declaring that the denial of her request for a shelter allowance in the sum of $190 per month by the respondent Commissioner of Social Services of Suffolk County (the "commissioner”) was unlawful and directing that he grant her request. The respondent has interposed three objections in point of law in his answer: (1) that petitioner has not exhausted her administrative…