MATTER OF KLAPAK v. BLUM


65 N.Y.2d 670 (1985)

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.)

Court of Appeals of the State of New York.

Decided May 30, 1985.


Attorney(s) appearing for the Case

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.

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Taking no part: Judge TITONE.


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 N.Y. 46

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