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Matter of Santorelli v. Perales

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1985
111 A.D.2d 819 (N.Y. App. Div. 1985)

Opinion

June 10, 1985


Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

Substantial evidence adduced at the statutory fair hearing supports the determination that petitioner violated his duty to accept referral to an appropriate public work project ( 18 NYCRR 385.3 [a] [5]). The evidence further establishes that the notice of intent to discontinue petitioner's public assistance grant detailed the reason for the discontinuance, and that the notice was served upon the petitioner only after the respondent local agency had investigated the reasons for petitioner's failure to accept the referral (18 NYCRR 358.9), and had verified that such failure was willful ( 18 NYCRR 351.22 [e]; Allen v. Blum, 58 N.Y.2d 954).

Petitioner's remaining contentions have been reviewed and are without merit. Lazer, J.P., Mangano, O'Connor and Brown, JJ., concur.


Summaries of

Matter of Santorelli v. Perales

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1985
111 A.D.2d 819 (N.Y. App. Div. 1985)
Case details for

Matter of Santorelli v. Perales

Case Details

Full title:In the Matter of THOMAS SANTORELLI, Petitioner, v. CESAR A. PERALES, as…

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

Date published: Jun 10, 1985

Citations

111 A.D.2d 819 (N.Y. App. Div. 1985)