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MATTER OF LUNA v. WING

276 A.D.2d 425 (2000)

715 N.Y.S.2d 840

In the Matter of HIGINIA LUNA, Petitioner, v. BRIAN J. WING, as Commissioner of New York State Office of Temporary and Disability Assistance, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 26, 2000.

The record establishes that petitioner received the City's notice, dated and mailed September 11, 1998, scheduling an appointment for September 24, 1998 to evaluate her employability; that petitioner did not keep the appointment or contact the City to advise that she could not keep the appointment; and that the reason advanced by petitioner for not keeping the appointment was that she mistakenly believed that the notice had scheduled the appointment for September 10 or 11...

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