Gagliano v. New York State Department of Social Services

Appellate Division of the Supreme Court of New York

Gagliano v. New York State Department of Social Services

269 A.D.2d 330, 703 N.Y.S.2d 916, 2000 N.Y. App. Div. LEXIS 2211

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 29, 2000

StatusPublished

This text of 269 A.D.2d 330 (Gagliano v. New York State Department of Social Services) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gagliano v. New York State Department of Social Services, 269 A.D.2d 330, 703 N.Y.S.2d 916, 2000 N.Y. App. Div. LEXIS 2211 (N.Y. Ct. App. 2000).

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Opinion

—Determination of respondent Commissioner of the New York State Department of Social Services dated June 22, 1997, which, after a fair hearing, affirmed the determination of respondent New York City Human Resources Administration discontinuing petitioner’s public assistance and medical benefits for 90 days and until such time as she is willing to comply with employment requirements, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, Bronx County [Kenneth Thompson, Jr., J.], entered on or about March 5, 1998) dismissed, without costs.

Respondent’s determination that petitioner willfully and without good cause failed to comply with eligibility requirements for the continuance of public assistance benefits was supported by substantial evidence, including petitioner’s own testimony at a fair hearing conducted on July 15, 1997 (see, Matter of Riviera v Wing, 248 AD2d 153). Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Rubin and Andrias, JJ.

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—Determination of respondent Commissioner of the New York State Department of Social Services dated June 22, 1997, which, after a fair hearing, affirmed the determination of respondent New York City Human Resources Administration discontinuing petitioner’s public assistance and medical benefits for 90 days and until such time as she is willing to comply with employment requirements, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, Bronx County [Kenneth Thompson, Jr., J.], entered on or about March 5, 1998) dismissed, without costs.

Respondent’s determination that petitioner willfully and without good cause failed to comply with eligibility requirements for the continuance of public assistance benefits was supported by substantial evidence, including petitioner’s own testimony at a fair hearing conducted on July 15, 1997 (see, Matter of Riviera v Wing, 248 AD2d 153). Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Rubin and Andrias, JJ.

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269 A.D.2d 330, 703 N.Y.S.2d 916, 2000 N.Y. App. Div. LEXIS 2211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gagliano-v-new-york-state-department-of-social-services-nyappdiv-2000.

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