Decided December 27, 1995 Appeal from (4th Dept: 214 A.D.2d 974) MOTIONS FOR LEAVE TO APPEAL GRANTED OR DENIED

Decided September 26, 1995 Appeal from (4th Dept: 214 A.D.2d 974) APPEALS ON CONSTITUTIONAL GROUNDS

In order to invoke the protections of the Due Process Clause, a party must have, inter alia, a property interest in a government benefit ( see, Matter of Niagara Mohawk Power Corp. v. New York State Dept. of Transp., 224 A.D.2d 767, 768, appeal dismissed 87 N.Y.2d 1054, lv denied 88 N.Y.2d 809). Property interests are not created by the NY Constitution but rather "`by existing rules or understandings that stem from an independent source such as state law'" ( Matter of Medicon Diagnostic Labs. v. Perales, 74 N.Y.2d 539, 545, quoting Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 538). When the agency retains significant discretion over the individual's continued participation in a government program, a property interest does not accrue ( see, Matter of Top Lube v. Erie County Dept. of Health, 214 A.D.2d 974, 975, appeal dismissed 86 N.Y.2d 837, lv denied 87 N.Y.2d 805). Here, respondent retained significant discretion over petitioner's continued participation as an authorized tow truck company.