MATTER OF GALLIMORE v. WINGATE


282 A.D.2d 675 (2001)

724 N.Y.S.2d 69

In the Matter of GLORIA GALLIMORE, Petitioner, v. JOHN WINGATE, as Commissioner of the Suffolk County Department of Social Services, et al., Respondents.

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

Decided April 23, 2001.


Adjudged that the petition is granted, as a matter of discretion in the interest of justice, without costs or disbursements, to the extent that the determination is annulled, and the petitioner's benefits are restored.

The evidence adduced at the fair hearing was insufficient to justify the inference that the petitioner willfully failed or refused to comply with the pertinent regulations requiring, inter alia, that she undergo an employment evaluation as a...

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