Preview
At a Motion Term of the Supreme Court
held in and for the County of Onondaga
at the Courthouse located in Syracuse,
New York, on the 1st day of November,
2017.
PRESENT: ANTHONY J. PARIS
STATE OF NEW YORK
SUPREME COURT ONONDAGA COUNTY
----------------------------------------------------------------
In the Matter of the Application of
HOPE DAY CARE, LLC, THERESA GILES, as Manager
of HOPE DAY CARE, LLC, TIARA LOVE, as Director
of HOPE DAY CARE,
ORDER AND
JUDGMENT
Petitioners,
v. Index No.: 3975/2017
RJI No.: 33-17-2786
NEW YORK STATE OFFICE OF CHILDREN & FAMILY
SERVICES DIVISION OF CHILD CARE SERVICES,
Respondent.
For a Judgment Pursuant to Article 78
Of the Civil Practice Law and Rules
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WHEREAS, the above captioned Article 78 proceeding was commenced by the
Petitioners, HOPE DAY CARE, LLC, THERESA GILES, as Manager of HOPE DAY CARE,
LLC, TIARA LOVE, as Director of HOPE DAY CARE, by filing and serving a Notice of Petition,
dated August 25, 2017 and a Verified Petition, with exhibits, dated August 25, 2017 and a
Memorandum of Law, dated August 25, 2017; and
WHEREAS, the Respondent, NEW YORK STATE OFFICE OF CHILDREN &
FAMILY SERVICES DIVISION OF CHILD CARE SERVICES, filed and served a Verified
Answer and Return, dated October 16, 2017 and a Memorandum of Law, dated October 16, 2017;
and
WHEREAS, the Petitioners, HOPE DAY CARE, LLC, THERESA GILES, as Manager
of HOPE DAY CARE, LLC, TIARA LOVE, as Director of HOPE DAY CARE filed and served
a Verified Reply with Exhibits, dated October 27, 2017, and
THE MATTER having come on to be heard before the Court, Hon. Anthony J. Paris, on
November 1, 2017 and a review of the documents filed by the parties having been made; and
The Petitioners having appeared by Cohen, Compagni, Beckman, Appler & Knoll, PLCC,
Laura Spring, Esq. of counsel; and
The Respondent, having appeared by and through the New York State Office of the
Attorney General, Attorney General Eric T. Schneiderman, Assistant Attorney General Bonnie
Gail Levy, Esq., of counsel; and
AFTER DUE DELIBERATION THEREON, a decision having been rendered by the
Court, Honorable Anthony J. Paris, on November 1, 2017;
NOW THEREFORE, IT IS HEREBY:
ORDERED, the Petition against Respondent, NEW YORK STATE OFFICE OF
CHILDREN & FAMILY SERVICES DIVISION OF CHILD CARE SERVICES, is dismissed in
its entirety, as set forth by this Court in its Decision, on November 1, 2017, a transcript of which
is annexed hereto and made a part hereof, on the basis that Respondent’s decision to revoke
Petitioners’ day care license, given the magnitude and seriousness of Petitioners’ violations and
its violation history, was not arbitrary and capricious, was supported by a rational basis, and was
not so unfair as to be shocking to the judicial conscience; and it is further
ORDERED, that the temporary restraining order, now in existence, allowing Petitioners
to continue operation of the day care center, shall remain in effect, conditioned upon Petitioners
filing and perfecting an appeal within 60 days of the filing of this Order and Judgment and service
of the same, with Notice of Entry, upon the Petitioners; and it is further
ORDERED, the Petitioners are to continue to maintain liability insurance and provide
proof of said coverage on a monthly basis to Respondent’s counsel, Assistant Attorney General
Bonnie Gail Levy, Esq.
SO ORDERED.
DATED: _____________, 2017.
Syracuse, New York
______________________________
HON. ANTHONY J. PARIS
Supreme Court Justice
ENTER.
Preview
At a Motion Term of the Supreme Court held in and for the County of Onondaga at the Courthouse located in Syracuse, New York, on the 1st day of November, 2017. PRESENT: ANTHONY J. PARIS STATE OF NEW YORK SUPREME COURT ONONDAGA COUNTY ---------------------------------------------------------------- In the Matter of the Application of HOPE DAY CARE, LLC, THERESA GILES, as Manager of HOPE DAY CARE, LLC, TIARA LOVE, as Director of HOPE DAY CARE, ORDER AND JUDGMENT Petitioners, v. Index No.: 3975/2017 RJI No.: 33-17-2786 NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES DIVISION OF CHILD CARE SERVICES, Respondent. For a Judgment Pursuant to Article 78 Of the Civil Practice Law and Rules ---------------------------------------------------------------- WHEREAS, the above captioned Article 78 proceeding was commenced by the Petitioners, HOPE DAY CARE, LLC, THERESA GILES, as Manager of HOPE DAY CARE, LLC, TIARA LOVE, as Director of HOPE DAY CARE, by filing and serving a Notice of Petition, dated August 25, 2017 and a Verified Petition, with exhibits, dated August 25, 2017 and a Memorandum of Law, dated August 25, 2017; and WHEREAS, the Respondent, NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES DIVISION OF CHILD CARE SERVICES, filed and served a Verified Answer and Return, dated October 16, 2017 and a Memorandum of Law, dated October 16, 2017; and WHEREAS, the Petitioners, HOPE DAY CARE, LLC, THERESA GILES, as Manager of HOPE DAY CARE, LLC, TIARA LOVE, as Director of HOPE DAY CARE filed and served a Verified Reply with Exhibits, dated October 27, 2017, and THE MATTER having come on to be heard before the Court, Hon. Anthony J. Paris, on November 1, 2017 and a review of the documents filed by the parties having been made; and The Petitioners having appeared by Cohen, Compagni, Beckman, Appler & Knoll, PLCC, Laura Spring, Esq. of counsel; and The Respondent, having appeared by and through the New York State Office of the Attorney General, Attorney General Eric T. Schneiderman, Assistant Attorney General Bonnie Gail Levy, Esq., of counsel; and AFTER DUE DELIBERATION THEREON, a decision having been rendered by the Court, Honorable Anthony J. Paris, on November 1, 2017; NOW THEREFORE, IT IS HEREBY: ORDERED, the Petition against Respondent, NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES DIVISION OF CHILD CARE SERVICES, is dismissed in its entirety, as set forth by this Court in its Decision, on November 1, 2017, a transcript of which is annexed hereto and made a part hereof, on the basis that Respondent’s decision to revoke Petitioners’ day care license, given the magnitude and seriousness of Petitioners’ violations and its violation history, was not arbitrary and capricious, was supported by a rational basis, and was not so unfair as to be shocking to the judicial conscience; and it is further ORDERED, that the temporary restraining order, now in existence, allowing Petitioners to continue operation of the day care center, shall remain in effect, conditioned upon Petitioners filing and perfecting an appeal within 60 days of the filing of this Order and Judgment and service of the same, with Notice of Entry, upon the Petitioners; and it is further ORDERED, the Petitioners are to continue to maintain liability insurance and provide proof of said coverage on a monthly basis to Respondent’s counsel, Assistant Attorney General Bonnie Gail Levy, Esq. SO ORDERED. DATED: _____________, 2017. Syracuse, New York ______________________________ HON. ANTHONY J. PARIS Supreme Court Justice ENTER.