Ayala v. Berlin
Opinion of the Court
Filing a compliance complaint was not an appropriate remedy following the agency’s determination; indeed, the agency had complied with the fair hearing decision ordering it to determine petitioner’s eligibility for childcare benefits (see 18 NYCRR 358-6.4 [c]). However, before commencing this proceeding,
Given petitioner’s failure to exhaust administrative remedies, we need not reach her argument that the regulation at issue (18 NYCRR 385.4 [a] [1] [ii]) is invalid. Concur — Mazzarelli, J.E, Andrias, Catterson, Abdus-Salaam and Manzanet-Daniels, JJ. [Prior Case History: 29 Misc 3d 942.]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.