MATTER OF HOPE DAY CARE, LLC v. NEW YORK STATE OFF. OF CHILDREN & FAMILY SERVS. DIV. OF CHILD CARE SERVS.

681 CA 18-00142.

162 A.D.3d 1639 (2018)

80 N.Y.S.3d 753

2018 NY Slip Op 04471

In the Matter of Hope Day Care, LLC, et al., Appellants, v. New York State Office of Children & Family Services, Division of Child Care Services, Respondent.

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

Decided June 15, 2018.


It is hereby ordered that the judgment so appealed from is unanimously vacated, the determination is confirmed without costs and the petition is dismissed.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul respondent's determination revoking their license to operate a daycare center. We note at the outset that Supreme Court should have transferred the entire proceeding to this Court because the petition raises a substantial evidence...

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