Canniff v. Blum

Appellate Division of the Supreme Court of New York

Canniff v. Blum

71 A.D.2d 1041, 420 N.Y.S.2d 426, 1979 N.Y. App. Div. LEXIS 13407

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

DecidedSeptember 20, 1979

StatusPublished

This text of 71 A.D.2d 1041 (Canniff v. Blum) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Canniff v. Blum, 71 A.D.2d 1041, 420 N.Y.S.2d 426, 1979 N.Y. App. Div. LEXIS 13407 (N.Y. Ct. App. 1979).

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Opinion

—Proceeding under CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County), to review a determination of the respondent State Commissioner of Social Services made after a fair hearing. Petitioner, the Greene County Commissioner of Social Services, seeks article 78 review of a 1977 decision by the respondent State Commissioner of Social Services finding certain individuals eligible to continue their participation in the food stamp program. However, assuming that the petition was timely, petitioner lacked standing to commence the instant proceeding (Matter of Beaudoin v Toia [Jorczak], 45 NY2d 343; cf. L 1978, ch 473, § 15). Accordingly, the petition should be dismissed without consideration of the merits of respondent’s [1042]*1042determination. Petition dismissed, without costs. Sweeney, J. P., Kane, Main, Mikoll and Herlihy, JJ., concur.

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—Proceeding under CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County), to review a determination of the respondent State Commissioner of Social Services made after a fair hearing. Petitioner, the Greene County Commissioner of Social Services, seeks article 78 review of a 1977 decision by the respondent State Commissioner of Social Services finding certain individuals eligible to continue their participation in the food stamp program. However, assuming that the petition was timely, petitioner lacked standing to commence the instant proceeding (Matter of Beaudoin v Toia [Jorczak], 45 NY2d 343; cf. L 1978, ch 473, § 15). Accordingly, the petition should be dismissed without consideration of the merits of respondent’s [1042]*1042determination. Petition dismissed, without costs. Sweeney, J. P., Kane, Main, Mikoll and Herlihy, JJ., concur.

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Bluebook (online)

71 A.D.2d 1041, 420 N.Y.S.2d 426, 1979 N.Y. App. Div. LEXIS 13407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canniff-v-blum-nyappdiv-1979.

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