MATTER OF TORMOS v. HAMMONS

There was no evidence at the fair hearing to support the determination that petitioner's failure to complete a nurse training course was willful (Social Services Law § 341; 18 NYCRR 385.18 [c] [3], [4]). Petitioner's low grades, which unquestionably were the sole basis for her removal from the training course, do not establish willfulness ( see, Matter of Bradford v. Blum, 91 A.D.2d 550, appeal withdrawn 58 N.Y.2d 1115; Matter of Gear v. Perales, 105 A.D.2d 1066). We would also note that the Administrative Law Judge at the fair hearing erroneously placed the burden of proof on petitioner ( 18 NYCRR 358-5.9 [a]). We have considered the parties' other contentions, including petitioner's claim that it was error to deny her attorneys' fees, and find that they do not warrant a different result.

Concur — Ellerin, J.P., Nardelli, Rubin and Williams, JJ.