Opinion
Argued February 14, 1983
Decided March 22, 1983
Appeal from the Appellate Division in the Second Judicial Department.
Douglas Ruff and Leonard S. Clark for appellant.
Robert Abrams, Attorney-General ( Maryellen Weinberg, Peter H. Schiff and Daphne Fuller of counsel), for respondents.
Judgment affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division ( 87 A.D.2d 613) to which we add that, although the notice of denial of benefits was defective for the further reason that it failed to state the regulation supporting the action as required by 45 C.F.R. § 205.10 (a) (4) (i) (B), that defect also was waived by petitioner's counsel's failure to raise the defect at the hearing.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.