Olsen v. D'Elia

Appellate Division of the Supreme Court of New York

Olsen v. D'Elia

83 A.D.2d 965, 443 N.Y.S.2d 1022, 1981 N.Y. App. Div. LEXIS 15422

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

DecidedSeptember 28, 1981

StatusPublished

This text of 83 A.D.2d 965 (Olsen v. D'Elia) 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

Olsen v. D'Elia, 83 A.D.2d 965, 443 N.Y.S.2d 1022, 1981 N.Y. App. Div. LEXIS 15422 (N.Y. Ct. App. 1981).

Pincite

Opinion

Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent State Commissioner of Social Services, dated December 24, 1979 and made after a statutory fair hearing, which affirmed a determination of the local agency to discontinue petitioner’s food stamp authorization. Determination confirmed and proceeding dismissed, on the merits, without costs or disbursements. The petitioner’s argument that due process requires a pretermination hearing has not been considered. Procedural requirements necessary to raise the constitutionality of a statute have not been met. Lazer, J.P., Gulotta, Margett and Bracken, JJ., concur.

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Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent State Commissioner of Social Services, dated December 24, 1979 and made after a statutory fair hearing, which affirmed a determination of the local agency to discontinue petitioner’s food stamp authorization. Determination confirmed and proceeding dismissed, on the merits, without costs or disbursements. The petitioner’s argument that due process requires a pretermination hearing has not been considered. Procedural requirements necessary to raise the constitutionality of a statute have not been met. Lazer, J.P., Gulotta, Margett and Bracken, JJ., concur.

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Bluebook (online)

83 A.D.2d 965, 443 N.Y.S.2d 1022, 1981 N.Y. App. Div. LEXIS 15422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olsen-v-delia-nyappdiv-1981.