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IN THE MATTER OF BAUER

55 A.D.3d 421 (2008)

866 N.Y.S.2d 626

In the Matter of ROBERTA BAUER, Petitioner, v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, BUREAU OF EARLY CHILDHOOD SERVICES, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 23, 2008.

Petitioner's argument that she was denied due process is not preserved for review (see e.g. Melahn v Hearn, 60 N.Y.2d 944, 945 [1983]), and we decline to review it. As an alternative holding, we hold that the delay between the 2003 incident in which petitioner allegedly bit a child for whom she was caring and the 2007 license revocation did not violate due process. Petitioner was allowed to continue to operate her day care home after...

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