Matter of Watson v. New York State Office of Children and Family Services

2019 NY Slip Op 03792 (App. Div. 2019) (Supreme Court of the State of New York Appellate Division Second Judicial Department 2019) · Supreme Court of the State of New York, Appellate Division, Second Judicial Department · May 15, 2019 · No. 2017-00068

Summary

The Appellate Division, Second Department, reviewed an Article 78 proceeding challenging the revocation of the petitioner's license to operate a group family day care home. The court confirmed the determination of the New York State Office of Children and Family Services, finding substantial evidence that the petitioner violated applicable regulations, including child-supervision requirements, and dismissed the proceeding.

Holdings

  1. The determination that petitioner violated certain regulations, including regulations concerning supervision of children in her group family day care home, was supported by substantial evidence in the record.
  2. There was no basis to disturb the credibility determinations of the administrative law judge.

Questions Presented

  1. Whether substantial evidence supported the administrative determination that petitioner violated regulations governing operation and supervision of children in her group family day care home.
  2. Whether the court should disturb the administrative law judge's credibility determinations.

Disposition

dismissed

Cases Cited (4)

  • Matter of Faponnle v New York State Off. of Children & Family Servs., 160 AD3d 950(followed)
  • Matter of Liddell v New York State Off. of Children & Family Servs., 117 AD3d 742(followed)
  • Matter of Singleton v New York State Off. of Children & Family Servs., 70 AD3d 706(followed)
  • Matter of Malak v State of New York, 116 AD3d 587(followed)

Cited In (0)

No citing cases on record yet.

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