After DSS adhered to its decision to terminate her, petitioner commenced the present article 78 proceeding challenging the sufficiency of the DSS hearing claiming that it was in substance a posttermination hearing and that she had not yet received meaningful pretermination opportunity to be heard. On transfer from the Supreme Court, the Appellate Division remanded the matter for "a hearing on her present ability to perform the duties of her position with DSS" (Matter of Hurwitz v Perales, 179 A.D.2d 586, 588). This Court granted leave.