Simms v. Blum

Thompson, J., dissents insofar as the determination is annulled and votes to confirm that determination and to dismiss the proceeding in its entirety, on the merits, with the following memorandum:

In light of petitioner’s failure to assert a breach by the local agency of its duty to notify her in a timely manner of a scheduled interview to evaluate her employability status, the record supports the challenged determination of the respondent State commissioner that she failed to provide a reason constituting “good cause” for her failure to keep the appointment.