Hyperlawhypertext legal database Klapak v. Blum 65 N.Y. 670

← Cases

Klapak v. Blum

65 N.Y. 670 Court N.Y. Decision date 1985-05-30 English

Contents

Majority

p. 670
In the Matter of Mary Klapak, Respondent, v Barbara B. Blum, as Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent. (And a Second Proceeding.)
Argued April 24, 1985;
decided May 30, 1985
p. 672
APPEARANCES OF COUNSEL
Robert Abrams, Attorney-General (Eugene E. Zegarowicz, Maryellen Weinberg and O. Peter Sherwood of counsel), for appellant.
Mindy S. Fridovich and Leonard S. Clark for Mary Klapak, respondent.

OPINION OF THE COURT

Judgment appealed from and order of the. Appellate Division brought up for review affirmed, with costs. The issue argued on appeal, not having been considered by the administrative agency in making its determination, may not be reviewed by this court (Matter of Barry v O’Connell, 303 NY 46 ).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander. Taking no part: Judge Titone.

Cases cited