Opinion
April 28, 1998
Substantial evidence, including petitioner's own testimony at the fair hearing, supports respondent's determination that petitioner willfully and without just cause failed to appear for the scheduled August 1996 Work Experience Program (WEP) Intake Section ( Matter of Riviera v. Wing, 248 A.D.2d 153). We see no reason to disturb the Commissioner's finding that petitioner failed to substantiate his contention that his failure to appear for his WEP assignment was due to a psychologically-related disability.
Concur — Sullivan, J.P., Rosenberger, Nardelli, Rubin and Andrias, JJ.