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MATTER OF HEINLEIN v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES

60 A.D.3d 1472 (2009)

876 N.Y.S.2d 293

In the Matter of BARBARA HEINLEIN, Petitioner, v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES et al., Respondents.

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

Decided March 27, 2009.

It is hereby ordered that the determination is unanimously annulled on the law without costs and the petition is granted.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination that she violated 18 NYCRR 416.15 (a) (10) and to vacate the penalty imposed, i.e., the suspension and revocation of her group family day care license. We agree with petitioner that the determination that she violated 18 NYCRR 416.15 (a) (10) by...

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