Legal Opinion

Fleming v. KidsPeace National Centers

Appellate Division of the Supreme Court of the State of New York

Decided April 20, 2012Published

1Opinion of the Court

Appeal from a judgment of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered May 26, 2010 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination to “terminate]” her certification as a foster parent. Petitioner contends that she was denied procedural due process because she was not given notice and opportunity to be heard with respect to the termination. We reject…

2Cases cited3 opinions

  1. Daxor Corp. v. State of New York Department of HealthNew York Court of Appeals · 1997
  2. Testwell, Inc. v. New York City Department of BuildingsAppellate Division of the Supreme Court of the State of New York · 2010
  3. M.S.B.A. Corp. v. MarkowitzAppellate Division of the Supreme Court of the State of New York · 2005

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