Roche v. Toia
Opinion of the Court
—Determination of respondent, State commissioner, confirmed, without costs and without disbursements. Concur—Lupiano, J. P., Birns and Silverman, JJ.; Evans and Sandler, JJ., dissent in the following memorandum by Sandler, J.: Petitioner, a home relief recipient, seeks in this article 78 proceeding to annul a determination of the State Commissioner of Social Services, sustaining the New York City Department of Social Services, which disqualified petitioner from receiving assistance for a period of 30 days on the finding that the petitioner failed to report for medical examinations on four separate occasions without good cause. Respondent’s determination was based on an alleged violation of 18 NYCRR 385.7, which provides in pertinent part as follows: "sanctions, (a) A person who without good cause fails or refuses to accept referral to and participate in a vocational rehabilitation program shall be disqualified from receiving either ADC or HR for 30 days thereafter and until such time as he is willing to comply with the requirements of this Part. * * * (b) A person who: (1) Without good cause fails or refuses to undergo a necessary medical examination or treatment; * * * (3) * * * shall be disqualified from receiving either ADC or HR for 30 days thereafter”. It is not disputed that petitioner failed to appear for scheduled medical examinations on May 5, May 19, June 2 and July 7, 1975. In a fair hearing, petitioner explained that he did not attend on May 5 because he lacked fare for transportation. As to May 19, he stated that he was physically unable to attend the examination. When confronted with an alleged prior statement that he was in jail on that day, petitioner indicated some memory that he may have been incarcerated on that occasion in connection with public intoxication. As to June 2 and July 7, 1975, he explained that he was unable to attend because of a foot problem that periodically incapacitated him. In connection with that claim, a letter was introduced from his doctor stating "Mr. Dieudonne Roche has been in my care since February 18, 1975 for many foot and leg problems. He has been seen 24 times since the initial visit.” It also appears from the hearing that petitioner had periodically called in regard to his failure or inability to attend the medical examinations, but the number and times of these calls were not fully developed. On September 3,1975, an initial notice of intent to discontinue his grant was sent to petitioner. Thereafter, on October 19, 1975, petitioner appeared for a medical examination which resulted in a finding that he would require foot surgery before he would be physically able to work. It seems clear that the sections quoted above, pursuant to which the sanction was imposed on petitioner, were intended to provide a means to compel welfare recipients, physically able to work, to co-operate in efforts to make them employable. Where a welfare recipient ultimately appears for a medical examination, and is found to be physically unable to work, it would surely require unusually clear facts to justify the application
Case-law data current through December 31, 2025. Source: CourtListener bulk data.