Smyles v. State

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Office of Children and Family Services dated September 10, *6212004, which remitted the petitioners’ application to operate a child day care center to the New York State Office of Children and Family Services for further hearings. By order dated April 27, 2005 the Supreme Court, Nassau County (Bucaria, J.), inter alia, in effect, dismissed the branch of the petition alleging that the respondents improperly delegated discretionary authority to the Nassau County Department of…