Van Wagner v. Van Lare

Judgment unanimously affirmed, with costs. Memorandum: Respondent, Barry L. Van Lare, Commissioner of the Erie County Department of Social Services, discontinued public assistance to petitioner, and petitioner requested a fair hearing, which was granted. Respondent introduced at the hearing a statement by a representative of the New York State Employment Services indicating that petitioner had refused to accept referrals to jobs which he could fill, and introduced evidence that respondent Van Lare’s officer had accepted such statement at face value. Petitioner requested adjournment of the…