Opinion
June 11, 1992
Appeal from the Supreme Court, New York County (Walter M. Schackman, J.).
The proceeding was correctly deemed moot, the benefits sought having been fully restored (Matter of Mehta v. New York City Dept. of Consumer Affairs, 162 A.D.2d 236, 237). There is no merit to petitioner's claim for restoration of lost benefits in the form of cash, since both Federal and State law and regulations provide for restoration of lost benefits only in the form of coupons ( 7 U.S.C. § 2020 [e] [11]; 7 C.F.R. § 273.17 [f]; 18 NYCRR 387.16 [n]; 387.21), or to her claim for expenses incurred in the fair hearings, since the claimed expenses are neither documented nor necessary (see, 18 NYCRR 358-4.3 [d]). Nor is there merit to petitioner's claim for counsel fees, since her representative is not an attorney (Judiciary Law §§ 478, 484), or to her claim for punitive damages, since, among other reasons, such is not incidental to any nonmonetary relief sought in the proceeding (see, Matter of Gross v. Perales, 72 N.Y.2d 231, 235, rearg denied 72 N.Y.2d 1042).
Concur — Sullivan, J.P., Milonas, Ross, Asch and Kassal, JJ.