Scott v. Wing

Appellate Division of the Supreme Court of New York

Scott v. Wing

255 A.D.2d 929, 679 N.Y.S.2d 920, 1998 N.Y. App. Div. LEXIS 12155

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

DecidedNovember 13, 1998

StatusPublished

This text of 255 A.D.2d 929 (Scott 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

Scott v. Wing, 255 A.D.2d 929, 679 N.Y.S.2d 920, 1998 N.Y. App. Div. LEXIS 12155 (N.Y. Ct. App. 1998).

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Opinion

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: In this CPLR article 78 proceeding transferred to our Court pursuant to CPLR 7804 (g), petitioner seeks review of the determination, made following a fair hearing, reducing her public assistance benefits for a period of three months because she “willfully and without good cause failed or refused to cooperate with the requirements of the Community Work Experience Program (CWEP)” (see, 18 NYCRR former part 385). Upon our review of the record, we conclude that petitioner failed to establish good cause for her failure to comply with CWEP requirements and that the determination is supported by substantial evidence (see, Matter of Clafin v Wing, 251 AD2d 983; Matter of Perry v Wing, 242 AD2d 964). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Jefferson County, Gilbert, J.) Present — Pine, J. P., Hayes, Callahan, Balio and Boehm, JJ.

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—Determination unanimously confirmed without costs and petition dismissed. Memorandum: In this CPLR article 78 proceeding transferred to our Court pursuant to CPLR 7804 (g), petitioner seeks review of the determination, made following a fair hearing, reducing her public assistance benefits for a period of three months because she “willfully and without good cause failed or refused to cooperate with the requirements of the Community Work Experience Program (CWEP)” (see, 18 NYCRR former part 385). Upon our review of the record, we conclude that petitioner failed to establish good cause for her failure to comply with CWEP requirements and that the determination is supported by substantial evidence (see, Matter of Clafin v Wing, 251 AD2d 983; Matter of Perry v Wing, 242 AD2d 964). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Jefferson County, Gilbert, J.) Present — Pine, J. P., Hayes, Callahan, Balio and Boehm, JJ.

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Bluebook (online)

255 A.D.2d 929, 679 N.Y.S.2d 920, 1998 N.Y. App. Div. LEXIS 12155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-wing-nyappdiv-1998.

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