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MATTER OF LOFTIN v. NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES

267 A.D.2d 78 (1999)

699 N.Y.S.2d 682

In the Matter of STEVEN D. LOFTIN, Appellant, v. NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 9, 1999.

Petitioner's claim for pain and suffering, predicated on his alleged expenditure of time and effort in enforcing his right to unpaid public assistance benefits, seeks damages that are "consequential", not "incidental", to such relief, and, as such, cannot be awarded in the context of an article 78 proceeding (CPLR 7806; cf., Matter of Gross v Perales, 72 N.Y.2d 231; Matter of Garnett v Sobol, 222 A.D.2d 850...

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