Opinion
2001-03279
Submitted February 14, 2002.
March 25, 2002.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent James McGowan, Commissioner of the New York State Department of Labor, which, after a fair hearing, confirmed a determination of the respondent Robert Sherman, Commissioner of the Nassau County Department of Social Services, which discontinued the petitioner's benefits and imposed a sanction of loss of benefits for a period of 180 days.
Jeffery A. Siegel, Hempstead, N.Y. (Michelle Chin Quee of counsel), for petitioner.
Eliot Spitzer, Attorney-General, New York, N.Y. (Marion R. Buchbinder and Deon J. Nossel of counsel), for respondents Brian Wing, Commissioner of the New York State Office of Temporary and Disability Assistance, and James McGowan, Commissioner of the New York State Department of Labor.
Lorna B. Goodman, County Attorney, Mineola, N.Y. (Tara Talmadge of counsel), for respondent Robert Sherman, Commissioner of the Nassau County Department of Social Services.
Before: FRED T. SANTUCCI, J.P. NANCY E. SMITH GLORIA GOLDSTEIN WILLIAM D. FRIEDMANN, JJ.
ADJUDGED that the determination is confirmed and the proceeding is dismissed, on the merits, with costs.
The review of the determination of an administrative agency after a hearing is limited to whether the determination was supported by substantial evidence (see DeOliveira v. New York State Dept. of Motor Vehicles, 271 A.D.2d 607, 608; Jones v. Hudacs, 221 A.D.2d 531; Bell v. Cosgrove, 220 A.D.2d 745). Evidence may be conflicting in nature, yet still support a finding of substantial evidence (see Duso v. Kralik, 216 A.D.2d 297, 298). Where there is conflicting evidence, the reviewing court may not weigh the evidence (see Decker v. Scoralick, 209 A.D.2d 517, 518).
The finding that the petitioner's failure to return Form 4526, which was needed to verify his registration and attendance in a substance abuse program, was without good cause, and the finding of previous failures by the petitioner to participate in rehabilitation programs, are supported by substantial evidence. The testimony of the agency representative and the petitioner's admissions support the determination of the Administrative Law Judge. As the determination is supported by substantial evidence, we decline to disturb it.
SANTUCCI, J.P., SMITH, GOLDSTEIN and FRIEDMANN, JJ., concur.