Matter of Benjamin v. McGowan

In Matter of Benjamin v. McGowan (275 A.D.2d 290 [2000]) the First Department found that in the context of public assistance benefits an agency's determination of lack of good cause did not raise an issue of substantial evidence. The Court stated "the Administrative Law Judge did not make a finding as to petitioner's credibility; rather she determined that, as a matter of law, documentary evidence is necessary to sustain a claim of good cause. Thus, no question with respect to substantial evidence is presented. The only issue is whether the agency's interpretation and application of the pertinent regulations was arbitrary and capricious." (Id. at 291.)