Appellate Division of the Supreme Court of New York, 1985

Moschella v. Romano

Appellate Division of the Supreme Court of New York · Decided April 8, 1985

110 A.D.2d 702; 488 N.Y.S.2d 21; 1985 N.Y. App. Div. LEXIS 48597

Cases that cite this one

2 later published cases cite this decision.

Tender Loving Care Day Care, Inc. v. New York State Office of Children & Family Services (Appellate Division of the Supreme Court of New York 2008)
Boyd v. Grinker (Appellate Division of the Supreme Court of New York 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*703Based 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 [1] [m]; 18 NYCRR 397.5 [1] [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 AD2d 680; Matter of Herring v Blum, 68 AD2d 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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.