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Matter of Schauseil v. Dowling

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1995
212 A.D.2d 1018 (N.Y. App. Div. 1995)

Opinion

February 3, 1995

Appeal from the Supreme Court, Monroe County, Kehoe, J.

Present — Denman, P.J., Green, Balio, Callahan and Boehm, JJ.


Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioners challenge the determination of the Administrative Law Judge that they violated various provisions of Social Services Law § 153-d and its implementing regulations regarding the recording of uniform case records ( 18 NYCRR 428.3 [f]) and the entry of information into the Child Care Review Service System (18 N.Y.CRR part 430). Respondents imposed sanctions of $81,130 upon petitioners for those violations. We conclude that the determination was not arbitrary, capricious or an abuse of discretion and was supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176; Matter of Pell v. Board of Educ., 34 N.Y.2d 222). Nor is there any merit to petitioners' constitutional challenge to Social Services Law § 153-d. There is a fair, just and reasonable connection between the statute and the promotion of the health, comfort, safety and welfare of society (see, Montgomery v Daniels, 38 N.Y.2d 41).


Summaries of

Matter of Schauseil v. Dowling

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 3, 1995
212 A.D.2d 1018 (N.Y. App. Div. 1995)
Case details for

Matter of Schauseil v. Dowling

Case Details

Full title:In the Matter of RICHARD F. SCHAUSEIL, as Director of the Monroe County…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 3, 1995

Citations

212 A.D.2d 1018 (N.Y. App. Div. 1995)
623 N.Y.S.2d 678

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