BIEN AIME v. NEW YORK CITY HUMAN RESOURCES ADMINISTRATION (1999)

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

Jacques BIEN-AIME, Petitioner-Appellant, v. NEW YORK CITY HUMAN RESOURCES ADMINISTRATION, Respondent-Respondent.

Decided: February 04, 1999

SULLIVAN, J.P., ROSENBERGER, NARDELLI and SAXE, JJ.

Jacques Bien-Aime, Pro Se. Ellen Ravitch, for Respondent-Respondent.

Judgment, Supreme Court, New York County (Louis York, J.), entered on or about August 27, 1996, which denied petitioner's application, brought pursuant to CPLR article 78, challenging respondent's determination of the spenddown requirement applicable to petitioner's claim for medical assistance and dismissed the petition, unanimously affirmed, without costs.

The proceeding was properly dismissed for failure to exhaust administrative remedies, petitioner never having requested a State Fair Hearing (18 NYCRR 358-3.1), resort to which is a condition to judicial review (see, Matter of Stern v. Krauskopf, 110 A.D.2d 536, 488 N.Y.S.2d 157).

MEMORANDUM DECISION.

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