Opinion
December 31, 1998
Appeal from the Supreme Court, Jefferson County, Gilbert, J.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge the determination, following a fair hearing, suspending his public assistance benefits for 90 days as a result of his willful failure to comply with the minimum monthly attendance requirements of a work experience program. The determination is supported by substantial evidence ( see, Matter of LaSalle v. Wing, 256 A.D.2d 1243 [decided herewith]; Matter of Perry v. Wing, 242 A.D.2d 964; Matter of Allen v. Dowling, 214 A.D.2d 446, 447). The 90% compliance rate set by the Jefferson County Department of Social Services is not arbitrary and capricious.
Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Balio, JJ.