Appellate Division of the Supreme Court of New York, 1993

Johnson v. Perales

Johnson v. Perales
Appellate Division of the Supreme Court of New York · Decided November 19, 1993
198 A.D.2d 795; 605 N.Y.S.2d 1015
Johnson v. Perales

Opinion of the Court

—Determination unanimously annulled on the law without costs and petition granted in accordance with the following Memorandum: Respondents’ determination that petitioner was not entitled to supportive services in connection with his attendance at community college is not supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State *796Div. of Human Rights, 45 NY2d 176). Petitioner was entitled to such supportive services "to enable [him] * * * to develop an employability plan and to enable [him] to accept employment or participate in education, training and employment activities under the JOBS program” (18 NYCRR 385.3 [a] [1]). (Article 78 Proceeding Transferred by Order of Supreme Court, Monroe County, Rosenbloom, J.) Present — Callahan, J. P., Green, Fallon, Boomer and Davis, JJ.

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