CZERWIAK v. WING

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

Matter of Renee CZERWIAK, Petitioner, v. Brian WING, Acting Commissioner, New York State Department of Social Services, and Steven Rose, Commissioner, Oswego County Department of Social Services, Respondents.

Decided: December 31, 1997

Before GREEN, J.P., and PINE, HAYES, CALLAHAN and FALLON, JJ. Legal Services of CNY by Heidi Siegfried, Oswego, for Petitioner-Appellant. Dennis Vacco, NYS A.G. by Mara Ginsberg (G. Robert McAllister, of counsel), Syracuse, for Respondent Wing. Kathryn G. Wolfe, Oswego County Dept. of Social Services, Mexico, for Respondent Rose.

Substantial evidence supports respondents' determination that petitioner was not eligible to receive food stamps in January and February 1996 because the resources available to her at that time exceeded $2000 (see, 18 NYCRR 387.9[b][1]).  Substantial evidence also supports the determination disqualifying petitioner from participation in the food stamp program for 12 months on the ground that she transferred those resources for the purpose of qualifying for food stamp benefits (see, 18 NYCRR 387.9[a][6][iii] ).  The testimony of petitioner and her mother that the resources were not available to petitioner and that they were transferred for another purpose presented credibility issues;  respondents did not err in resolving them against petitioner (see, Matter of Perry v. Municipal Civ. Serv. Commn. of City of Rochester, 191 A.D.2d 971, 971-972, 594 N.Y.S.2d 507, lv. denied 82 N.Y.2d 653, 601 N.Y.S.2d 583, 619 N.E.2d 661;  Matter of Mallia v. Webb, 103 A.D.2d 559, 563, 481 N.Y.S.2d 805).

Determination unanimously confirmed without costs and petition dismissed.

MEMORANDUM: