General
In the Matter of Verdia Dedeaux, Petitioner, v. Brian J. Wing, as Commissioner of New York State Department of Temporary and Disability Assistance, et al., Respondents
256 A.D.2d 1216682 N.Y.S.2d 364·New York Supreme Court, Appellate Division·1998·NY
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Opinion
In the Matter of Verdia Dedeaux, Petitioner, v Brian J. Wing, as Commissioner of New York State Department of Temporary and Disability Assistance, et al., Respondents.
[682 NYS2d 364]
[MAJORITY]
—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner commenced this CPLR article 78 proceeding challenging the determination, made after a fair hearing, to discontinue for six months the public assistance benefits received by petitioner. The benefits were discontinued based upon a determination that she willfully refused and failed without good cause to appear for a scheduled Job Opportunities and Basic Skills Training Program. That determination is supported by substantial evidence (see, Matter of Poole v Wing, 256 AD2d 1217 [decided herewith]; Matter of Vicari v Wing, 244 AD2d 974; Matter of Perry v Wing, 242 AD2d 964; see generally, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 180-181). Petitioner’s remaining contentions lack merit. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Onondaga . County, Mordue, J.) Present — Green, J. P., Pine, Wisner, Balio and Boehm, JJ.