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MATTER OF ROSS v. PERALES

153 Misc.2d 936 (1992)

In the Matter of Gilbert L. Ross, Petitioner, v. Cesar A. Perales, as Commissioner of Social Services of the State of New York, Respondent.

Supreme Court, Albany County.

March 30, 1992

Attorney(s) appearing for the Case

Marvin L. Tenzer, P. C. (Scott B. Lunin of counsel), for petitioner. Robert Abrams, Attorney-General (Lawrence L. Doolittle of counsel), for respondent.

F. WARREN TRAVERS, J.

Petitioners commenced this CPLR article 78 proceeding seeking a judgment prohibiting the respondent from taking any administrative action against him. Petitioner contends the respondent is acting in excess of his authority.

Respondent has moved to dismiss in lieu of answering. Respondent contends that the petitioner has failed to exhaust his administrative remedies.

Petitioner...

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