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AYALA v. BERLIN

6913, 400271/10.

92 A.D.3d 607 (2012)

940 N.Y.S.2d 217

2012 NY Slip Op 1498

IRIS AYALA, Appellant, v. ELIZABETH R. BERLIN, as Executive Deputy Commissioner of the New York State Office of Temporary and Disability Assistance, et al., Respondents.

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

Decided February 28, 2012.

Filing a compliance complaint was not an appropriate remedy following the agency's determination; indeed, the agency had complied with the fair hearing decision ordering it to determine petitioner's eligibility for childcare benefits (see 18 NYCRR 358-6.4 [c]). However, before commencing this proceeding, petitioner should have sought a fair hearing of the agency's determination that she was ineligible for such benefits (...

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