Opinion
2012-04-17
In the Matter of Patricia SIMPSON, petitioner, v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, respondent.
Audrey A. Thomas, Rosedale, N.Y. (Omar S. Long and Sean–Patrick A. Coy on the brief), for petitioner. Eric T. Schneiderman, Attorney General, New York, N.Y. (Cecilia C. Chang and Anne P. Zybert of counsel), for respondent.
Audrey A. Thomas, Rosedale, N.Y. (Omar S. Long and Sean–Patrick A. Coy on the brief), for petitioner. Eric T. Schneiderman, Attorney General, New York, N.Y. (Cecilia C. Chang and Anne P. Zybert of counsel), for respondent.
Proceeding pursuant to CPLR article 78 to review a determination of John Franklin Udochi, as designee of the commissioner of the respondent, the New York State Office of Children and Family Services, dated August 2, 2010, which, after a hearing, affirmed a prior determination of the New York State Office of Children and Family Services to suspend and revoke the petitioner's license to operate a group family day care home.
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
The determination that the petitioner violated relevant regulations concerning the supervision of children in group family day care centers is supported by substantial evidence in the record ( see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443, 522 N.Y.S.2d 478, 517 N.E.2d 193; 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180–181, 408 N.Y.S.2d 54, 379 N.E.2d 1183; Matter of Occhiogrosso v. New York State Off. of Children & Family Servs., 72 A.D.3d 1092, 898 N.Y.S.2d 874; Matter of Alexander v. New York State Off. of Children & Family Servs., 50 A.D.3d 895, 854 N.Y.S.2d 665; Matter of Tender Loving Care Day Care, Inc. v. New York State Off. of Children & Family Servs., 47 A.D.3d 940, 940–941, 850 N.Y.S.2d 583).
Furthermore, the penalty of license revocation was neither arbitrary and capricious nor so disproportionate to the misconduct so as to shock one's sense of fairness as a matter of law ( see Matter of Ellis v. Mahon, 11 N.Y.3d 754, 865 N.Y.S.2d 589, 895 N.E.2d 518; Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 234, 356 N.Y.S.2d 833, 313 N.E.2d 321; Matter of Alexander v. New York State Off. of Children & Family Servs., 50 A.D.3d 895, 854 N.Y.S.2d 665; Matter of Tender Loving Care Day Care, Inc. v. New York State Off. of Children & Family Servs., 47 A.D.3d at 941, 850 N.Y.S.2d 583).