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

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Contrary to the petitioner's contention, the determination that she violated certain regulations concerning the supervision of children in group family day care homes is supported by substantial evidence in the record ( see Matter of Berenhaus v Ward, 70 NY2d 436, 443; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181; Matter of Tender Loving Care Day Care, Inc. v New York State Off. of Children Family Servs., 47 AD3d 940, 940-941). Furthermore, the penalty of license revocation was neither arbitrary and capricious, nor disproportionate to the misconduct ( see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale Mamaroneck, Westchester County, 34 NY2d 222, 234; Matter of Tender Loving Care Day Care, Inc. v New York State Off. of Children Family Servs., 47 AD3d at 941).

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ALEXANDER v. NEW YORK
(Apr 15, 2008)