Helping Hands of WNY, Inc. v. Carrion

Appellate Division of the Supreme Court of New York

Helping Hands of WNY, Inc. v. Carrion

70 A.D.3d 1483, 893 N.Y.S.2d 919

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 11, 2010

StatusPublished

Cited by1 cases

This text of 70 A.D.3d 1483 (Helping Hands of WNY, Inc. v. Carrion) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Helping Hands of WNY, Inc. v. Carrion, 70 A.D.3d 1483, 893 N.Y.S.2d 919 (N.Y. Ct. App. 2010).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [Paula L. Feroleto, J.], dated May 19, 2009) to review a determination of respondents. The determination denied petitioner’s application for a license to operate a day care center.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination denying its application for a license to operate a day care center. Contrary to petitioner’s contention, the determination is supported by substantial evidence (see Matter of Gates of Goodness & Mercy v Johnson, 49 AD3d 1295 [2008]; see generally Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 231 [1974]). The evidence presented at the hearing established that the proposed site for the day care center did not comply with the relevant provisions of the New York State Uniform Fire Prevention ánd Building Code and other safety regulations (see 18 NYCRR 418-1.3 [o]; 418-1.4 [h]), and that the proposed director of the day care center did not meet the minimum [1484]*1484qualifications set forth in 18 NYCRR 418-1.13 (g). Present— Scudder, P.J., Centra, Fahey, Carni and Pine, JJ.

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Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [Paula L. Feroleto, J.], dated May 19, 2009) to review a determination of respondents. The determination denied petitioner’s application for a license to operate a day care center.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination denying its application for a license to operate a day care center. Contrary to petitioner’s contention, the determination is supported by substantial evidence (see Matter of Gates of Goodness & Mercy v Johnson, 49 AD3d 1295 [2008]; see generally Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 231 [1974]). The evidence presented at the hearing established that the proposed site for the day care center did not comply with the relevant provisions of the New York State Uniform Fire Prevention ánd Building Code and other safety regulations (see 18 NYCRR 418-1.3 [o]; 418-1.4 [h]), and that the proposed director of the day care center did not meet the minimum [1484]*1484qualifications set forth in 18 NYCRR 418-1.13 (g). Present— Scudder, P.J., Centra, Fahey, Carni and Pine, JJ.

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Bluebook (online)

70 A.D.3d 1483, 893 N.Y.S.2d 919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/helping-hands-of-wny-inc-v-carrion-nyappdiv-2010.

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