Clarke v. New York State Office of Children & Family Services

Appellate Division of the Supreme Court of New York

Clarke v. New York State Office of Children & Family Services

91 A.D.3d 489, 935 N.Y.2d 884

Appellate Division of the Supreme Court of the State of New York·Decided January 12, 2012·Published·Cited by 8 cases

Opinion

Substantial evidence supports respondent’s findings that petitioner violated relevant regulations, including refusing to cooperate and allow access to the home (18 NYCRR 416.15 [a] [10]), and by not having the proper number of caregivers present for each child under the age of two years old (18 NYCRR 416.8 [d] [2]), and that such violations placed the children’s health, safety and welfare in imminent danger (see Matter of Seemangal v New York State Off. of Children & Family Servs., 49 AD3d 460 [2008]). There exists no basis to disturb the credibility determinations of the Administrative Law Judge (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]).

The determination to revoke petitioner’s license does not shock our sense of fairness (see Seemangal at 461; cf. Matter of Grady v New York State Off. of Children & Family Servs., 39 AD3d 1157, 1158 [2007]).

We have considered petitioner’s remaining arguments and find them unavailing. Concur — Mazzarelli, J.E, Andrias, Saxe, Freedman and Román, JJ.

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Substantial evidence supports respondent’s findings that petitioner violated relevant regulations, including refusing to cooperate and allow access to the home (18 NYCRR 416.15 [a] [10]), and by not having the proper number of caregivers present for each child under the age of two years old (18 NYCRR 416.8 [d] [2]), and that such violations placed the children’s health, safety and welfare in imminent danger (see Matter of Seemangal v New York State Off. of Children & Family Servs., 49 AD3d 460 [2008]). There exists no basis to disturb the credibility determinations of the Administrative Law Judge (see Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 [1987]).

The determination to revoke petitioner’s license does not shock our sense of fairness (see Seemangal at 461; cf. Matter of Grady v New York State Off. of Children & Family Servs., 39 AD3d 1157, 1158 [2007]).

We have considered petitioner’s remaining arguments and find them unavailing. Concur — Mazzarelli, J.E, Andrias, Saxe, Freedman and Román, JJ.

Clarke v. New York State Office of Children & Family Services, 91 A.D.3d 489, 935 N.Y.2d 884 (N.Y. Ct. App. 2012).

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