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Matter of Colon v. Kirby

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1981
81 A.D.2d 638 (N.Y. App. Div. 1981)

Opinion

April 20, 1981


Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Suffolk County Department of Social Services denying assistance to the petitioner and to challenge the department's policies. Proceeding dismissed, without costs or disbursements. This proceeding to review the determination of the local agency was rendered moot by the decision of the State Commissioner of the Department of Social Services made after a statutory fair hearing, refusing to affirm the determination of the local agency, and directing it to take appropriate action. Therefore, since petitioner is no longer aggrieved, she lacks standing to challenge the validity of the policies of a government agency (see Matter of Donohue v Cornelius, 17 N.Y.2d 390; Matter of Abrams v New York City Tr. Auth., 48 A.D.2d 69, affd 39 N.Y.2d 990). Mangano, J.P., Rabin, Gulotta and Weinstein, JJ., concur.


Summaries of

Matter of Colon v. Kirby

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1981
81 A.D.2d 638 (N.Y. App. Div. 1981)
Case details for

Matter of Colon v. Kirby

Case Details

Full title:In the Matter of BRUNILDA COLON, Petitioner, v. JAMES E. KIRBY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 20, 1981

Citations

81 A.D.2d 638 (N.Y. App. Div. 1981)

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Accordingly, the petitioner does not have standing to bring the instant proceeding and dismissal is required.…