Opinion
September 29, 2000.
CPLR art 78 Proceeding Transferred by Order of Supreme Court, Lewis County, Gilbert, J.
PRESENT: PIGOTT, JR., P. J., HAYES, WISNER, SCUDDER AND BALIO, JJ.
Determination unanimously confirmed without costs and petition dismissed.
Memorandum:
In this CPLR article 78 proceeding transferred to our Court ( see, CPLR 7804 [g]), petitioner contends that the determination following a fair hearing to terminate her personal care services is not supported by substantial evidence. We disagree. The evidence adduced at the fair hearing establishes that petitioner's health and safety in a home setting could no longer be assured ( see, Matter of Bentley v Perales, 103 A.D.2d 1005). We have examined petitioner's remaining contentions and conclude that they lack merit.