From Casetext: Smarter Legal Research

Matter of Perry v. Wing

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1997
242 A.D.2d 964 (N.Y. App. Div. 1997)

Opinion

September 30, 1997

Appeal from Supreme Court, Jefferson County, Gilbert, J.

Present — Green, J.P., Lawton, Hayes, Wisner and Boehm, JJ.


We confirm the determination imposing a 150-day sanction, discontinuing the public assistance benefits of petitioner for 150 days based upon his failure to comply with job search requirements pursuant to 18 NYCRR 385.8 and 385.19. The fair determination is "supported by and in accordance with substantial evidence" ( 18 NYCRR 358-5.9 [b]). The criterion for termination of benefits has been met (see, 18 NYCRR 385.19 [a]), and petitioner's argument to limit the scope of the hearing to one sentence contained within the pre-hearing "notice of decision" sent to petitioner is without merit. The sentence is taken out of context, and, as the Court of Appeals has noted, "in the administrative forum, the charges need only be reasonably specific, in light of all the relevant circumstances, to apprise the party whose rights are being determined of the charges against him * * * and to allow for the preparation of an adequate defense" (Matter of Block v. Ambach, 73 N.Y.2d 323, 333). Petitioner's remaining contentions are without merit.


Summaries of

Matter of Perry v. Wing

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1997
242 A.D.2d 964 (N.Y. App. Div. 1997)
Case details for

Matter of Perry v. Wing

Case Details

Full title:In the Matter of HENRY PERRY, Petititoner, v. BRIAN WING, as Acting…

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

Date published: Sep 30, 1997

Citations

242 A.D.2d 964 (N.Y. App. Div. 1997)

Citing Cases

Matter of Scott v. Wing

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

Matter of McIntosh v. Wing

Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge the determination, following a…