McINTOSH v. WING (1998)

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

Matter of Vergon McINTOSH, 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

Present: PINE, J.P., HAYES, WISNER, PIGOTT and BALIO, JJ.

Legal Services of Central NY (Terrence Whelan), Watertown, for Petitioner. Dennis Vacco, NYS Attorney General, Siobhan S. Crary by Wayne Benjamin, Albany, for Respondent Wing. Michael J. Looby, Watertown, for Respondent Lyman.

Petitioner commenced this CPLR article 78 proceeding to challenge the determination, following a fair hearing, suspending his public assistance benefits for 90 days as a result of his willful failure to comply with the minimum monthly attendance requirements of a work experience program. The determination is supported by substantial evidence (see, Matter of La Salle v. Wing, 256 A.D.2d 1243, 684 N.Y.S.2d 90; Matter of Perry v. Wing, 242 A.D.2d 964, 665 N.Y.S.2d 947; Matter of Allen v. Dowling, 214 A.D.2d 446, 447, 625 N.Y.S.2d 201). The 90% compliance rate set by the Jefferson County Department of Social Services is not arbitrary and capricious.

Determination unanimously confirmed without costs and petition dismissed.

MEMORANDUM:

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