Gear v. Perales

Judgment unanimously reversed, on the law, without costs, and petition granted. Memorandum: In this CPLR article 78 proceeding, petitioner challenges the decision of the New York State Department of Social Services affirming the determination of the Genesee County Department of Social Services, rendered after a fair hearing, disqualifying petitioner from receiving public assistance for a 90-day period. The agency’s determination should not be disturbed if it is rational and based on substantial evidence (Matter of Howard v Wyman, 28 NY2d 434, 438). Nevertheless, under the language of the…