SAWMA v. PERALES

Judgment vacated on the law, determination unanimously confirmed and petition dismissed without costs. Memorandum: Although petitioner sought mandamus and claimed that respondent's determination was arbitrary and capricious, the only issue in this CPLR article 78 proceeding is whether respondent's determination made after a fair hearing is supported by substantial evidence in the record (CPLR 7803). Special Term should have transferred the matter to this court (CPLR 7804 [g]), and we treat the matter as if it had been properly transferred (Matter of Curl v Kelly, 125 A.D.2d 948). Pursuant to applicable regulations, a person who is required to, and without good cause fails or refuses to, undergo a necessary medical examination, shall be disqualified from receiving benefits until he complies ( 18 NYCRR 385.8 [b] [1]). There is substantial evidence in the record to support respondent's determination that the Department of Social Services acted in accordance with the regulations in suspending petitioner's benefits.