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Matter of Moschella v. Romano

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1985
110 A.D.2d 702 (N.Y. App. Div. 1985)

Opinion

April 8, 1985


Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

Based 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 [m]; 18 NYCRR 397.5 [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 A.D.2d 680; Matter of Herring v. Blum, 68 A.D.2d 64).

We have considered such other of petitioner's contentions as have been preserved for our review and find them to be lacking in merit. Lazer, J.P., Gibbons, O'Connor and Weinstein, JJ., concur.


Summaries of

Matter of Moschella v. Romano

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1985
110 A.D.2d 702 (N.Y. App. Div. 1985)
Case details for

Matter of Moschella v. Romano

Case Details

Full title:In the Matter of FRANCIS MOSCHELLA, Petitioner, v. ANITA ROMANO, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 8, 1985

Citations

110 A.D.2d 702 (N.Y. App. Div. 1985)

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