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MATTER OF PAYANO v. BERLIN

Nos. 7007, 401906/10.

95 A.D.3d 767 (2012)

945 N.Y.S.2d 287

2012 NY Slip Op 4210

In the Matter of CRISTINA PAYANO, Petitioner, v. ELIZABETH R. BERLIN et al, Respondents.

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

Decided May 31, 2012.

Substantial evidence supports OTDA's determination that petitioner failed to establish a basis for tolling the 60-day time limit for her request for a fair hearing on HRA's decision to discontinue her public assistance benefits (see Social Services Law § 22 [4] [a]; 18 NYCRR 358-3.5 [b] [1]). Petitioner failed to preserve her contention that the time limit is tolled by her mental illness and illiteracy and the fact that...

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