There is no issue in this case with respect to whether or not petitioner was "employable" within the meaning of Social Services Law § 158-b (1). The agency was required to make that determination at the time of his certification or recertification for benefits (Social Services Law § 158-b [1]), and the issue was, in any event, conceded by petitioner in correspondence and a resume that he forwarded to the agency on or about April 15, 1994 in an attempt to argue that...
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