MASS v. BLUM


112 Misc.2d 898 (1982)

Robert Mass, Plaintiff, v. Barbara B. Blum, as Commissioner of the Department of Social Services of the State of New York, et al., Defendants.

Supreme Court, Special Term, Albany County.

February 22, 1982


Attorney(s) appearing for the Case

Buckley & Mendelson, P. C., for plaintiff. Robert Abrams, Attorney-General (Ellen Lacy Messina of counsel), for defendants.


CON. G. CHOLAKIS, J.

Plaintiff's action for a declaratory judgment and related relief is before the court upon cross motions for judgment which place in issue the constitutionality of subdivision 2 of section 301 of the State Administrative Procedure Act. It is the plaintiff's position that the statute impermissibly denies judicial review with respect to the sufficiency of the notice given of an adjudicatory proceeding. In pertinent part, the statute...

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