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MTR. OF MAYER v. KALADJIAN

161 Misc.2d 883 (1994)

615 N.Y.S.2d 575

In the Matter of Brana Mayer, Petitioner, v. Gregory Kaladjian, as Acting Commissioner of the New York State Department of Social Services, et al., Respondents.

Supreme Court, Kings County.

June 28, 1994

Attorney(s) appearing for the Case

New York Legal Assistance Group, New York City (Marti Copleman of counsel), for petitioner. G. Oliver Koppell, Attorney-General, New York City (Carol Schechter of counsel), for Gregory Kaladjian, respondent. O. Peter Sherwood, Corporation Counsel of New York City (Robert T. Flynn and John Jokl of counsel), for Barbara Sabol, as Administrator of the New York City Human Resources Administration, respondent.

HERBERT KRAMER, J.

Is a "Statute of Limitations" solely imposed by agency regulations, beyond the authority of the agency?

Social Services Law § 141 and NYCRR thereunder provide for a governmental limited reimbursement of an indigent person's burial expenses.1 Neither contains a time limit for filing for the burial benefit.

The petitioner, in a proceeding brought...

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