IN RE: TENDER LOVING CARE DAY CARE (2008)

Proceeding pursuant to CPLR article 78 to review a determination of the New York State Office of Children and Family Services, dated March 16, 2005, which, after a hearing, found that the petitioners had violated certain regulations concerning the supervision of children in child care centers and revoked the license of the petitioner Tender Loving Care Day Care, Inc.

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

 Contrary to the petitioners' contention, adequate notice was given of the fair hearing on the issue of license revocation (see Matter of Moschella v. Romano, 110 A.D.2d 702, 488 N.Y.S.2d 21;  Matter of Hirsch v. Shaffer, 108 A.D.2d 815, 485 N.Y.S.2d 327;  Matter of Schevchik v. Blum, 89 A.D.2d 680, 680-681, 453 N.Y.S.2d 805).   Furthermore, the determination of the respondent New York State Office of Children and Family Services that the petitioners violated certain regulations concerning the supervision of children in child 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).   Finally, the penalty of license revocation was neither arbitrary and capricious, nor disproportionate to the misconduct (see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale and Mamaroneck, Westchester County, 34 N.Y.2d 222, 234, 356 N.Y.S.2d 833, 313 N.E.2d 321;  Matter of Eich v. Shaffer, 136 A.D.2d 701, 703, 523 N.Y.S.2d 902).