IN RE: ANGELA BRIGGS

Reset A A Font size: Print

Supreme Court, Appellate Division, Fourth Department.

IN RE: ANGELA BRIGGS, PETITIONER, v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, RESPONDENT.

TP 16–00052

Decided: September 30, 2016

PRESENT:  WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ. CREIGHTON, JOHNSEN & GIROUX, BUFFALO (JONATHAN G. JOHNSEN OF COUNSEL), FOR PETITIONER. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ANDREW B. AYERS OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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, Monroe County [John J. Ark, J.], entered December 8, 2015) to review a determination of respondent.  The determination revoked petitioner's family daycare registration.

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 respondent's determination revoking her registration to operate a family daycare home.  Substantial evidence supports the determination that petitioner violated regulations requiring her to provide adequate supervision to the children in her care and prohibiting her from separating a child from the other children for a period that was longer than necessary (see generally Matter of Liddell v New York State Off. of Children & Family Servs., 117 AD3d 742, 742–743;  Matter of Gates of Goodness & Mercy v Johnson, 49 AD3d 1295, 1295).  The evidence at the fair hearing established that petitioner isolated a six-year-old child outside the home in an area where she could not be supervised for an extended period of time.

Frances E. Cafarell

Clerk of the Court