Cochran v. Perales

Appellate Division of the Supreme Court of New York

Cochran v. Perales

116 A.D.2d 645, 498 N.Y.S.2d 319, 1986 N.Y. App. Div. LEXIS 51508

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

DecidedJanuary 21, 1986

StatusPublished

This text of 116 A.D.2d 645 (Cochran v. Perales) 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

Cochran v. Perales, 116 A.D.2d 645, 498 N.Y.S.2d 319, 1986 N.Y. App. Div. LEXIS 51508 (N.Y. Ct. App. 1986).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of respondent Commissioner of the New York State Department of Social Services, dated November 1, 1983, which, after a fair hearing, inter alia, affirmed the determination of respondent Commissioner of the Suffolk County Department of Social Services to discontinue petitioner’s homemaker services.

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

The determination of the State Commissioner finds ample support in the record and, thus, is supported by substantial evidence (see, Matter of Pell v Board of Educ., 34 NY2d 222).

The remaining contention raised by petitioner, that respondent County Commissioner has failed to comply with the State Commissioner’s determination, is not properly before us. Before being permitted to raise this issue in a court of law, petitioner was required to exhaust her administrative remedies (see, Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52, 57). Mollen, P. J., Mangano, Lawrence and Kooper, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of respondent Commissioner of the New York State Department of Social Services, dated November 1, 1983, which, after a fair hearing, inter alia, affirmed the determination of respondent Commissioner of the Suffolk County Department of Social Services to discontinue petitioner’s homemaker services.

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

The determination of the State Commissioner finds ample support in the record and, thus, is supported by substantial evidence (see, Matter of Pell v Board of Educ., 34 NY2d 222).

The remaining contention raised by petitioner, that respondent County Commissioner has failed to comply with the State Commissioner’s determination, is not properly before us. Before being permitted to raise this issue in a court of law, petitioner was required to exhaust her administrative remedies (see, Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52, 57). Mollen, P. J., Mangano, Lawrence and Kooper, JJ., concur.

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Bluebook (online)

116 A.D.2d 645, 498 N.Y.S.2d 319, 1986 N.Y. App. Div. LEXIS 51508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cochran-v-perales-nyappdiv-1986.

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