Nakao v. New York State Department of Social Services

Appellate Division of the Supreme Court of New York

Nakao v. New York State Department of Social Services

249 A.D.2d 213, 671 N.Y.S.2d 262, 1998 N.Y. App. Div. LEXIS 4672

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

DecidedApril 28, 1998

StatusPublished

This text of 249 A.D.2d 213 (Nakao 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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Nakao v. New York State Department of Social Services, 249 A.D.2d 213, 671 N.Y.S.2d 262, 1998 N.Y. App. Div. LEXIS 4672 (N.Y. Ct. App. 1998).

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Opinion

—Determination of respondent Commissioner of the New York State Department of Social Services, dated December 11, 1996, which, after a hearing, affirmed the determination of the New York City Department of Social Services discontinuing petitioner’s public assistance and medical benefits, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Franklin Weissberg, J.], entered May 9, 1997) dismissed, without costs.

Substantial evidence, including petitioner’s own testimony at the fair hearing, supports respondent’s determination that petitioner willfully and without just cause failed to appear for the scheduled August 1996 Work Experience Program (WEP) Intake Section (Matter of Riviera v Wing, 248 AD2d 153). We see no reason to disturb the Commissioner’s finding that petitioner failed to substantiate his contention that his failure to appear for his WEP assignment was due to a psychologically-related disability. Concur — Sullivan, J. P., Rosenberger, Nardelli, Rubin and Andrias, JJ.

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—Determination of respondent Commissioner of the New York State Department of Social Services, dated December 11, 1996, which, after a hearing, affirmed the determination of the New York City Department of Social Services discontinuing petitioner’s public assistance and medical benefits, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Franklin Weissberg, J.], entered May 9, 1997) dismissed, without costs.

Substantial evidence, including petitioner’s own testimony at the fair hearing, supports respondent’s determination that petitioner willfully and without just cause failed to appear for the scheduled August 1996 Work Experience Program (WEP) Intake Section (Matter of Riviera v Wing, 248 AD2d 153). We see no reason to disturb the Commissioner’s finding that petitioner failed to substantiate his contention that his failure to appear for his WEP assignment was due to a psychologically-related disability. Concur — Sullivan, J. P., Rosenberger, Nardelli, Rubin and Andrias, JJ.

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249 A.D.2d 213, 671 N.Y.S.2d 262, 1998 N.Y. App. Div. LEXIS 4672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nakao-v-new-york-state-department-of-social-services-nyappdiv-1998.

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