LA SALLE v. WING (1998)

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

Matter of Linda LA SALLE, Petitioner, v. Brian J. WING, as Commissioner of New York State Office of Temporary and Disability Assistance, James T. Dillon, as Acting Commissioner of New York State Department of Labor, and Stephen P. Lyman, as Commissioner of Jefferson County Department of Social Services, Respondents.

Decided: December 31, 1998

Before GREEN, J.P., and PINE, WISNER, CALLAHAN and BOEHM, JJ.

Legal Services of Cent. NY, Terrence Whelan, Watertown, for Petitioner. Dennis Vacco, NYS Atty. Gen. (Siobhan Crary, of counsel), Albany, for respondents Wing and Dillon. Michael J. Looby, Watertown, for respondent Lyman.

The determination sanctioning petitioner for failure to attend a work experience program interview without good cause is supported by substantial evidence (see, Matter of Bishop v. New York State Dept. of Social Servs., 246 A.D.2d 391, 667 N.Y.S.2d 731, lv. denied 91 N.Y.2d 813, 674 N.Y.S.2d 278, 697 N.E.2d 179; see also, Matter of Kelly v. Wing, 237 A.D.2d 976, 654 N.Y.S.2d 535). The medical reports received at the fair hearing establish that petitioner is able to participate in the work experience program with stated limitations (see, Social Services Law § 332-b[4][e][ii] ). We have considered petitioner's remaining contentions and conclude that they are without merit.

Determination unanimously confirmed without costs and petition dismissed.

MEMORANDUM:

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