Irwin v. Commissioner of St. Lawrence County Department of Social Services

Appellate Division of the Supreme Court of New York

Irwin v. Commissioner of St. Lawrence County Department of Social Services

207 A.D.2d 946, 616 N.Y.S.2d 1022, 1994 N.Y. App. Div. LEXIS 8972

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

DecidedSeptember 22, 1994

StatusPublished

This text of 207 A.D.2d 946 (Irwin v. Commissioner of St. Lawrence County Department of Social Services) 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

Irwin v. Commissioner of St. Lawrence County Department of Social Services, 207 A.D.2d 946, 616 N.Y.S.2d 1022, 1994 N.Y. App. Div. LEXIS 8972 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Appeal from a judgment of the Supreme Court (Duskas, J.), entered May 7, 1993 in St. Lawrence County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition due to petitioner’s failure to exhaust his administrative remedies.

Supreme Court correctly concluded that petitioner failed to exhaust his administrative remedies with respect to his request to annul respondent’s decision to discontinue petitioner’s public assistance. Petitioner never sought administrative review of the decision prior to commencing this proceeding although such a procedure was available to him by statute.

Crew III, J. P., Casey, Weiss, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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—Appeal from a judgment of the Supreme Court (Duskas, J.), entered May 7, 1993 in St. Lawrence County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition due to petitioner’s failure to exhaust his administrative remedies.

Supreme Court correctly concluded that petitioner failed to exhaust his administrative remedies with respect to his request to annul respondent’s decision to discontinue petitioner’s public assistance. Petitioner never sought administrative review of the decision prior to commencing this proceeding although such a procedure was available to him by statute.

Crew III, J. P., Casey, Weiss, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

207 A.D.2d 946, 616 N.Y.S.2d 1022, 1994 N.Y. App. Div. LEXIS 8972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irwin-v-commissioner-of-st-lawrence-county-department-of-social-services-nyappdiv-1994.