MATTER OF HOPKINS v. BLUM


58 N.Y.2d 1011 (1983)

In the Matter of Lee Hopkins, on Behalf of Herself and Her Minor Child, Anthony Hopkins, Appellant, v. Barbara Blum, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 22, 1983.


Attorney(s) appearing for the Case

Douglas Ruff and Leonard S. Clark for appellant.

Robert Abrams, Attorney-General (Maryellen Weinberg, Peter H. Schiff and Daphne Fuller of counsel), for respondents.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.


Judgment affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division (87 A.D.2d 613) to which we add that, although the notice of denial of benefits was defective for the further reason that it failed to state the regulation supporting the action as required by 45 CFR 205.10 (a) (4) (i) (B), that defect also was waived by petitioner's counsel's failure to raise the defect at...

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