Barnett v. Perales

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Broome County) to review a determination of respondent State Commissioner of Social Services which sustained the discontinuance of petitioner’s grant of public assistance for 30 days.

Petitioner was a recipient of public assistance. Pursuant to Social Services Law § 131 (1) and 18 NYCRR 385.1, the Broome County Department of Social Services determined that he was an employable public assistance recipient, required his participation in a work-relief program and assigned…