Opinion
December 9, 1999
Judgment, Supreme Court, New York County (Richard Lowe, III, J.), entered May 27, 1998, which, in an article 78 proceeding to compel respondent to pay petitioner certain unpaid public assistance benefits, insofar as appealed from, dismissed so much of the petition as sought damages for pain and suffering, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered November 30, 1998, which denied petitioner's motion to reargue the dismissal of such claim, unanimously dismissed, without costs, as taken from a nonappealable paper.
Pro Se, Petitioner-Appellant.
Joseph I. Lauer for Respondent-Respondent.
ROSENBERGER, J.P., TOM, MAZZARELLI, LERNER, RUBIN, JJ.
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, 851,lv denied 87 N.Y.2d 810, cert denied 519 U.S. 849).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.