Legal Opinion
Delson v. Regan
Appellate Division of the Supreme Court of the State of New York
Decided February 25, 1993PublishedCited by 5 opinions
1Opinion of the Court
—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany *985County) to review a determination of respondent which denied petitioner’s application for ordinary disability retirement benefits.
Petitioner’s claim that her due process rights have been violated has been raised for the first time in this proceeding. Because "[constitutional objections must be raised at the administrative level or they are not available to attack the [administrative] determination in subsequent judicial proceedings” (Matter of Celestial Food Corp. v New York…
2Cases cited6 opinions
- Celestial Food Corp. of Coram, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
- McGrath v. ReganAppellate Division of the Supreme Court of the State of New York · 1985
- Fragetti v. New York State Policemen's & Firemen's Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1988
- Foresta v. New York State Policemen's & Firemen's Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1983
- Wallace v. ReganAppellate Division of the Supreme Court of the State of New York · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- O'Brien v. State of New York Division of Probation & Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1999
- Knight v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- Hughes v. New York State Police & Firemen's Retirement SystemsAppellate Division of the Supreme Court of the State of New York · 1997
- Susan G. v. BaneAppellate Division of the Supreme Court of the State of New York · 1993
- Vandermark-Crayne v. New York State Department of Civil ServiceAppellate Division of the Supreme Court of the State of New York · 1996