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Matter of Tyson v. Wing

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 2000
273 A.D.2d 397 (N.Y. App. Div. 2000)

Opinion

Submitted May 8, 2000.

June 19, 2000.

Proceeding pursuant to CPLR article 78 to review a determination of the Office of Temporary and Disability Assistance dated January 26, 1999, which affirmed a determination of the Suffolk County Department of Social Services dated November 27, 1998, which, after a fair hearing, reduced the petitioner's family assistance grant.

Jeffrey Seigel, Hempstead, N.Y. (Douglas Ruff of counsel), for petitioner.

Eliot Spitzer, Attorney-General, New York, N.Y. (Edward D. Johnson and Adam L. Aronson of counsel), for respondents.

Before: DANIEL W. JOY, J.P., WILLIAM D. FRIEDMANN, GABRIEL M. KRAUSMAN, HOWARD MILLER, JJ.


DECISION JUDGMENT

ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner failed to appear at a Department of Labor Office for an employment assessment interview regarding her enrollment in the Suffolk Works Employment Program. The failure to appear for such an interview without adequate reason provides a ground for a public assistance sanction (see, e.g., Matter of Ford v. Dowling, 213 A.D.2d 402, 403). The determination that the petitioner's failure to comply with the requirements of the Social Services Law was willful and without good cause is supported by substantial evidence (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222).

The petitioner's remaining contentions are without merit.


Summaries of

Matter of Tyson v. Wing

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 2000
273 A.D.2d 397 (N.Y. App. Div. 2000)
Case details for

Matter of Tyson v. Wing

Case Details

Full title:IN THE MATTER OF DENISE TYSON, PETITIONER, v. BRIAN WING, ETC., ET AL.…

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

Date published: Jun 19, 2000

Citations

273 A.D.2d 397 (N.Y. App. Div. 2000)
710 N.Y.S.2d 921

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