Puerto v. Doar

42 Misc. 3d 563, 975 N.Y.S.2d 527
CourtNew York Supreme Court
DecidedApril 17, 2013
StatusPublished
Cited by1 cases

This text of 42 Misc. 3d 563 (Puerto v. Doar) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Puerto v. Doar, 42 Misc. 3d 563, 975 N.Y.S.2d 527 (N.Y. Super. Ct. 2013).

Opinion

OPINION OF THE COURT

Lucy Billings, J.

Petitioner seeks declaratory and injunctive relief regarding respondents’ conciliation, conference, and hearing procedures intended to resolve disputes over the imposition of sanctions against public assistance recipients charged with failing to comply with work requirements. Respondent Commissioner of the New York City Human Resources Administration moves to dismiss the petition on the grounds that it fails to state a claim, because petitioner’s claims are moot. (CPLR 3211 [a] [7]; 7804 [f].)

I. Facts

Petitioner and her two children have received public assistance since 2007. In June 2010, City respondent approved her participation in a medical billing training program. Concurrent with her academic training, City respondent assigned her to work in its medical assistance program office in New York County. The academic training included an internship at a physician’s office in New York County as well.

According to City respondent, it mailed petitioner a notice dated November 26, 2010 to attend a mandatory “Training Assessment” appointment on December 9, 2010. (Verified petition, exhibit O at 1.) The appointment was “for an interview to discuss your employment goals. At this appointment we will assess/reassess your marketable skills as well as your employment, training and educational needs so that appropriate activities, which include work experience, job search and approved educational training, can be assigned.” (Id.)

The parties agree that the address of this notice omitted petitioner’s apartment number. Respondents do not dispute that petitioner never received this notice or that, on December 9, 2010, she was at the assigned full-time internship.

Without recognizing these facts, however, after petitioner failed to attend the appointment, according to City respondent, it mailed her a conciliation notification dated December 26, 2010 to contact City respondent’s job center to explain why she did not report to or cooperate with the mandatory appointment on December 9, 2010. Again, the parties do not dispute that the address of this conciliation notification omitted petitioner’s apartment number or that petitioner never received this notice.

[567]*567Without further investigation or review of petitioner’s case record, which would have revealed the omission in the mailing address and her scheduled internship, City respondent mailed petitioner a notice of decision dated January 12, 2011 that her public assistance would be reduced. The reason for the reduction was that she “willfully and without a good reason failed or refused to comply with the requirement to keep an employment or work activity appointment.” (Verified petition, exhibit B at 2.) In response to the reduced assistance, petitioner requested an administrative hearing to challenge the reduction.

At the hearing, City respondent presented the notice of the appointment and the conciliation notification, each bearing the incomplete address; her “Work, Accountability, and You (WAY) Activity Inquiry” (verified petition, exhibit I); and her “Client Infraction History.” (Verified petition, exhibit J; aff of Stephanie A. Feinberg, exhibit 1 at 1.) Petitioner testified that she never received either notice, and, had she received the appointment notice, she would have notified City respondent that her full-time internship precluded her attendance at the scheduled appointment.

Nevertheless, respondent executive deputy commissioner of the New York State Office of Temporary and Disability Assistance upheld City respondent’s decision to reduce petitioner’s public assistance because petitioner willfully and without good cause had failed to attend the appointment on December 9, 2010. Even after petitioner commenced this proceeding, pointing out the incomplete address on City respondent’s mailings and her assigned work activity that conflicted with the scheduled appointment, City respondent twice acted to reduce her assistance due to appointment notices and conciliation notices mailed to an incomplete address.

II. Sanctions Based on the Failure to Attend an Appointment

All nonexempt public assistance recipients “must be engaged in work.” (Social Services Law § 335-b [5] [a]; see 18 NYCRR 385.2 [f].) To carry out this mandate, local social services districts assign recipients to work activities. (Social Services Law § 336; 18 NYCRR 385.9 [a].) Districts define “engaged in work” in their local plans. City respondent’s employment plan defines “engaged in work” as “[cjompliance with assessment, employment planning, all activities included in the individual’s Employment/Self-Sufficiency plan including . . . any of the work activities listed.” (Supp aff of Sienna Fontaine, exhibit F § 3.1.) The employment plan, as well as federal and state law, list as[568]*568signed and approved educational activities and internships as allowable work activities. (Id. § 3.4 [a]; 42 USC § 607 [d] [4]-[5], [8]-[11]; Social Services Law § 336 [1]; 18 NYCRR 385.9 [a] [8]-[ll], [14]; [b] [4].) Recipients who willfully and without good cause (Social Services Law § 341 [1] [a]; 18 NYCRR 385.11 [a] [4] [i]) fail to participate in assessments and employability plans are subject to reductions of public assistance. (Social Services Law §§ 335 [3]; 342; 18 NYCRR 385.6 [a]; 385.12.)

Petitioner claims her nonreceipt of the appointment notice and her full-time internship that precluded her attendance at the scheduled appointment did not constitute noncompliance with assessment, employment planning, and work activities, even if unwillful and with good cause. She claims that, as long as she was complying with all her assigned and approved work activities such as her full-time internship, her failure to attend an appointment did not amount to noncompliance, albeit excusable noncompliance.

The governing state statutes and regulations, however, require “[c]ompliance with assessment, employment planning, [and] . . . work activities.” (Fontaine supp aff, exhibit F § 3.1; see Social Services Law §§ 335 [3]; 335-b [5] [a]; 336, 342; 18 NYCRR 385.2 [f|; 385.6 [a] [7]; 385.9 [a]; 385.12.) Therefore, if the appointment was for assessment or employment planning, it demanded petitioner’s compliance along with her work activities.

Petitioner’s nonreceipt of the appointment notice and her full-time internship that precluded her attendance at the scheduled appointment on December 9, 2010 unquestionably established that her failure to attend the appointment was unwillful and with good cause. The current record, however, lacking even City respondent’s answer with its administrative record, is inadequate to determine (1) whether the appointment’s purpose demanded petitioner’s compliance; (2) whether compliance was required on December 9, 2010, taking priority over her internship, or would be permitted on a rescheduled date; or (3) how a public assistance recipient would be informed which appointment took priority. The notice of the appointment scheduled for December 9, 2010 indicated that it was for a mandatory “Training Assessment” and to discuss petitioner’s employment goals, “so that appropriate activities, which include work experience, job search and approved educational training, can be assigned.” (Verified petition, exhibit O at 1.) Although the Social Services Law and its implementing regulations [569]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matter of Puerto v. Doar
142 A.D.3d 34 (Appellate Division of the Supreme Court of New York, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
42 Misc. 3d 563, 975 N.Y.S.2d 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/puerto-v-doar-nysupct-2013.