McIntosh v. Wing

Appellate Division of the Supreme Court of New York

McIntosh v. Wing

256 A.D.2d 1246, 682 N.Y.S.2d 782

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

DecidedDecember 31, 1998

StatusPublished

Cited by2 cases

This text of 256 A.D.2d 1246 (McIntosh v. Wing) 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.

Bluebook

McIntosh v. Wing, 256 A.D.2d 1246, 682 N.Y.S.2d 782 (N.Y. Ct. App. 1998).

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Opinion

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge the determination, following a fair hearing, suspending his public assistance benefits for 90 days as a result of his willful failure to comply with the minimum monthly attendance requirements of a work experience program. The determination is supported by substantial evidence (see, Matter of LaSalle v Wing, 256 AD2d 1243 [decided herewith]; Matter of Perry v Wing, 242 AD2d 964; Matter of Allen v Dowling, 214 AD2d 446, 447). The 90% compliance rate set by the Jefferson County Department of Social Services is not arbitrary and capricious. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Jefferson County, Gilbert, J.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Balio, JJ.

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—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge the determination, following a fair hearing, suspending his public assistance benefits for 90 days as a result of his willful failure to comply with the minimum monthly attendance requirements of a work experience program. The determination is supported by substantial evidence (see, Matter of LaSalle v Wing, 256 AD2d 1243 [decided herewith]; Matter of Perry v Wing, 242 AD2d 964; Matter of Allen v Dowling, 214 AD2d 446, 447). The 90% compliance rate set by the Jefferson County Department of Social Services is not arbitrary and capricious. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Jefferson County, Gilbert, J.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Balio, JJ.

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Bluebook (online)

256 A.D.2d 1246, 682 N.Y.S.2d 782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcintosh-v-wing-nyappdiv-1998.

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