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Matter of Clafin v. Wing

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 1998
251 A.D.2d 983 (N.Y. App. Div. 1998)

Opinion

June 10, 1998

Present — Denman, P.J., Pine, Wisner, Callahan and Fallon, JJ.


Determination unanimously confirmed without costs and petition dismissed. Memorandum: There is no merit to the contention of petitioner that the notice of decision to discontinue her public assistance and medical assistance was not adequate to inform her of the action to be taken and the reasons for that action ( see, Matter of Perry v. Wing, 242 A.D.2d 964; cf., Matter of Pleasant v. Wing, 249 A.D.2d 986). The notice stated that petitioner did not complete employment requirements because she failed to contact five employers per week for the week beginning May 30, 1997. At the fair hearing, Jefferson County Department of Social Services (DSS) submitted proof establishing that petitioner had failed to make the required number of employer contacts. DSS also submitted proof concerning an additional charge that petitioner failed to attend a Job Search appointment. The record establishes that petitioner presented a defense to that additional charge, and thus petitioner has failed to show how she was prejudiced by the allegedly defective notice ( see, Matter of Garofalo v. Dowling, 223 A.D.2d 770, 772; Matter of Mecca v. Dowling, 210 A.D.2d 821, 824). Respondents' determination is supported by substantial evidence ( see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180; Matter of Casid v. Prinzo, 232 A.D.2d 860, 861-862). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Jefferson County, Gilbert, J.)


Summaries of

Matter of Clafin v. Wing

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 1998
251 A.D.2d 983 (N.Y. App. Div. 1998)
Case details for

Matter of Clafin v. Wing

Case Details

Full title:MATTER OF CINDY CLAFIN, Petitioner, v. BRIAN J. WING, Individually and as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 10, 1998

Citations

251 A.D.2d 983 (N.Y. App. Div. 1998)
674 N.Y.S.2d 549

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Determination unanimously confirmed without costs and petition dismissed. Memorandum: In this CPLR article 78…