IN RE: LORI GOKEY

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

IN RE: LORI GOKEY, PETITIONER, v. BETH BERLIN, EXECUTIVE DEPUTY COMMISSIONER, NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, AND LAURA CEROW, COMMISSIONER, JEFFERSON COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS.

TP 09-02451

Decided: May 07, 2010

PRESENT:  SMITH, J.P., CARNI, LINDLEY, SCONIERS, AND PINE, JJ. LEGAL AID SOCIETY OF MID-NEW YORK, INC., WATERTOWN (TERRENCE J. WHELAN OF COUNSEL), FOR PETITIONER. ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (KATHLEEN M. TREASURE OF COUNSEL), FOR RESPONDENT BETH BERLIN, EXECUTIVE DEPUTY COMMISSIONER, NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE. CARACCIOLI & NELSON, PLLC, OSWEGO (KEVIN C. CARACCIOLI OF COUNSEL), FOR RESPONDENT LAURA CEROW, COMMISSIONER, JEFFERSON COUNTY DEPARTMENT OF SOCIAL SERVICES.

MEMORANDUM AND ORDER

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Jefferson County [Hugh A. Gilbert, J.], entered November 19, 2009) to review a determination of respondents.   The determination sanctioned petitioner for failure to comply with the requirements of a work experience program.

It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum:  The determination sanctioning petitioner for failure to comply with the requirements of a work experience program without good cause is supported by substantial evidence (see Matter of LaSalle v. Wing, 256 A.D.2d 1243;  Matter of Bishop v New York State Dept. of Social Servs., 246 A.D.2d 391, lv denied 91 N.Y.2d 813;  see also Matter of Kelly v. Wing, 237 A.D.2d 976).   The medical reports presented at the fair hearing and submitted thereafter do not support the contention of petitioner that she was incapable of participating in the work experience program or that she suffered from limitations that would justify her noncompliance (see Social Services Law § 131[7][b] ).  Wehave considered petitioner's remaining contentions and conclude that they are without merit.

Patricia L. Morgan

Clerk of the Court