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Sawma v. Perales

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 3, 1987
129 A.D.2d 976 (N.Y. App. Div. 1987)

Opinion

April 3, 1987

Appeal from the Supreme Court, Niagara County, Mintz, J.

Present — Doerr, J.P., Boomer, Green, Pine and Lawton, JJ.


Judgment vacated on the law, determination unanimously confirmed and petition dismissed without costs. Memorandum: Although petitioner sought mandamus and claimed that respondent's determination was arbitrary and capricious, the only issue in this CPLR article 78 proceeding is whether respondent's determination made after a fair hearing is supported by substantial evidence in the record (CPLR 7803). Special Term should have transferred the matter to this court (CPLR 7804 [g]), and we treat the matter as if it had been properly transferred (Matter of Curl v Kelly, 125 A.D.2d 948). Pursuant to applicable regulations, a person who is required to, and without good cause fails or refuses to, undergo a necessary medical examination, shall be disqualified from receiving benefits until he complies ( 18 NYCRR 385.8 [b] [1]). There is substantial evidence in the record to support respondent's determination that the Department of Social Services acted in accordance with the regulations in suspending petitioner's benefits.


Summaries of

Sawma v. Perales

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 3, 1987
129 A.D.2d 976 (N.Y. App. Div. 1987)
Case details for

Sawma v. Perales

Case Details

Full title:MARTIN J. SAWMA, Appellant, v. CESAR J. PERALES, as Commissioner of New…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 3, 1987

Citations

129 A.D.2d 976 (N.Y. App. Div. 1987)

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