Opinion
Argued January 16, 2001.
February 5, 2001.
Proceeding pursuant to CPLR article 78 to review a determination of the respondents, dated January 11, 1999, which, after a fair hearing, confirmed the denial of the petitioner's application for an emergency assistance grant for rent arrears.
Kathleen Whelan, Huntington, N.Y., for petitioner.
Eliot Spitzer, Attorney-General, New York, N.Y. (Mark Gimpel and Ann P. Zybert of counsel), for State respondent.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
The fair hearing determination that, at the time the petitioner was denied an emergency assistance grant for rent arrears, he was unable to make future rent payments as required by 18 NYCRR 352.7 (g)(3) (see, Matter of Perez v. Wing, 263 A.D.2d 391; Matter of Hawkins v. Commissioner of N.Y. State Dept. of Social Servs., 161 A.D.2d 377) is supported by substantial evidence (see, Matter of Lahey v. Kelly, 71 N.Y.2d 135; Matter of Stork Restaurant, Inc. v. Boland, 282 N.Y. 256).
The petitioner's remaining contentions are without merit.