Appeal of Suspended Child Care License Denied
Seemangal v New York State Office of Children and Family Services
Index No. 112461/06
New York State Office of Children and Family Services suspended and revoked petitioner’s license to operate a group family day care home due to violation of four Department of Social Services regulations. Petitioner, Diwantie Seemangal, appealed this decision in an Article 78 petition. The Court determined that petitioner’s due process rights were not violated by the issuance of the report by a person who did not preside at the hearing and the determination to revoke petitioner’s license does not shock the conscience. Petitioner’s remaining arguments were considered and found without merit.
Accordingly, the Supreme Court denied the petition and dismissed the Article 78 proceeding.