Justice John Egan

Under a two-year license expiring on Dec. 16, 2009, Torres was licensed to provide day care services for up to 24 pre-school aged children at Tender Learning Care. Renewal requirements mandated the application’s submission at least 60 days before her license’s expiry. Torres’ incomplete renewal application was not submitted until November 2009. After site inspections, the Office of Children and Family Services (OCFD) revoked Torres’ license on the basis of numerous regulatory violations. In an action under Article 78 of the Civil Practice Law and Rules, the Third Department confirmed revocation. Among other regulatory violations, Torres admitted to permitting children to remain in the building despite heating system problems reducing temperatures below the mandated 68 degrees. She also admitted to occasionally caring for school-aged children, and that on six occasions when she was absent from the center there was no other employee who was qualified to discharge her administrative duties. Such proofs, corroborated by OCFD caseworker testimony, constituted substantial evidence supporting the decision to revoke Torres’s license.