Opinion
February 22, 1994
Appeal from the Supreme Court, New York County [Robert D. Lippmann, J.].
Where an administrative determination is based upon substantial evidence (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176), the court may not reject the agency's decision. There was substantial evidence that Angel Guardian Home did not abuse its discretion in finding that the foster children's best interests would be served by removing them from petitioner's home since they were not accorded adequate medical and dental care.
Moreover, notwithstanding the agency's failure to follow proper notice procedures, there is no indication that petitioner was prejudiced by the lack of prompt written notice since she knew precisely why the children were being taken away from her and the result would not have been any different had she received such notice.
Concur — Sullivan, J.P., Ellerin, Asch and Tom, JJ.