Matter of Mendez v Doar
2006 NY Slip Op 00395 [25 AD3d 484]
January 24, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 22, 2006


In the Matter of Ana Mendez, Appellant,
v
Robert Doar, as Commissioner of New York State Office of Temporary and Disability Assistance, et al., Respondents.

[*1]

Decision after fair hearing before New York State Office of Temporary and Disability Assistance, dated December 10, 2003, which affirmed the determination of the New York City Human Resources Administration as to violation of the Public Assistance and Food Stamp programs, and directed the Administration to disqualify petitioner from the Public Assistance Program for 12 months and from the Food Stamp Program for one year, unanimously confirmed, the petition denied and the CPLR article 78 proceeding (transferred to this Court by order of the Supreme Court, New York County [Faviola A. Soto, J.], entered July 1, 2004) dismissed, without costs.

In light of substantial evidence supporting the administrative determination that petitioner intentionally violated the Public Assistance and Food Stamp programs by failing to report that she and her daughter were employed during the relevant time period (see Matter of Williams v [*2]Perales, 156 AD2d 697 [1989]), there is no basis for disturbing that ruling (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181-182 [1978]). Concur—Mazzarelli, J.P., Andrias, Marlow, Williams and Sweeny, JJ.