KELLY v. WING (1997)

Petitioner appeals from a judgment dismissing his CPLR article 78 petition challenging a determination of the Department of Social Services suspending petitioner's Home Relief and Medicaid benefits for 180 days as a consequence of petitioner's failure to attend a work experience interview.   Petitioner contends that the public assistance of a “recipient” may not be suspended as a consequence of his failure, while still an “applicant” for such assistance, to comply with such requirement.   There is no merit to that contention.  Social Services Law § 131(5) provides, “No assistance or care shall be given to an employable applicant for or recipient of home relief who has failed to comply with the requirements of title nine-B of article five * * * of this chapter.”  Title 9-B of article 5 of the Social Services Law governs the “Job Opportunities and Basic Skills Training Program.”   It requires the agency to make assessments of the employability, and plans for the employment, of a Home Relief participant (see, Social Services Law § 335-a [1], [2][a];  [4] ) and permits the agency to establish a work experience program (see, Social Services Law § 336[1][g];  § 336-c).  “Participant” is expressly defined to mean “an applicant [for] or recipient of” Home Relief (see, Social Services Law § 330[4] ).   Thus, the agency may suspend the benefits of an applicant for Home Relief who fails to attend a work experience interview (see, Social Services Law § 131[5] ).

Judgment unanimously affirmed without costs.

MEMORANDUM: