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Watson v. N.Y. State Office of Children & Family Servs.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 15, 2019
172 A.D.3d 1076 (N.Y. App. Div. 2019)

Opinion

2017–00068 Index 4798/16

05-15-2019

In the Matter of Yolande WATSON, Petitioner, v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, Respondent.

Lipman & Booth, LLC, New York, N.Y. (Christopher Booth of counsel), for petitioner. Letitia James, Attorney General, New York, N.Y. (Anisha S. Dasgupta and Linda Fang of counsel), for respondent.


Lipman & Booth, LLC, New York, N.Y. (Christopher Booth of counsel), for petitioner.

Letitia James, Attorney General, New York, N.Y. (Anisha S. Dasgupta and Linda Fang of counsel), for respondent.

ALAN D. SCHEINKMAN, P.J., MARK C. DILLON, JOSEPH J. MALTESE, HECTOR D. LASALLE, JJ.

DECISION & JUDGMENTProceeding pursuant to CPLR article 78 to review a determination of the designee of the Commissioner of the respondent, the New York State Office of Children and Family Services, dated March 21, 2016, which, after a hearing, affirmed a determination of the New York State Office of Children and Family Services to revoke the petitioner's license to operate a group family day care home.

ADJUDGED that the determination dated March 21, 2016, is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner's contention, the determination that she violated certain regulations, including regulations pertaining to the supervision of children in her group family day care home, is supported by substantial evidence in the record (see Matter of Faponnle v. New York State Off. of Children & Family Servs., 160 A.D.3d 950, 72 N.Y.S.3d 486 ; Matter of Liddell v. New York State Off. of Children & Family Servs., 117 A.D.3d 742, 984 N.Y.S.2d 874 ; Matter of Singleton v. New York State Off. of Children & Family Servs., 70 A.D.3d 706, 892 N.Y.S.2d 890 ). There is no basis to disturb the credibility determinations of the administrative law judge (see Matter of Malak v. State of New York, 116 A.D.3d 587, 985 N.Y.S.2d 5 ).

SCHEINKMAN, P.J., DILLON, MALTESE and LASALLE, JJ., concur.


Summaries of

Watson v. N.Y. State Office of Children & Family Servs.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 15, 2019
172 A.D.3d 1076 (N.Y. App. Div. 2019)
Case details for

Watson v. N.Y. State Office of Children & Family Servs.

Case Details

Full title:In the Matter of Yolande Watson, petitioner, v. New York State Office of…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: May 15, 2019

Citations

172 A.D.3d 1076 (N.Y. App. Div. 2019)
98 N.Y.S.3d 752
2019 N.Y. Slip Op. 3792