Fernandez v. Dowling

—Spain, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which directed petitioner Benito Fernandez to bar petitioner Howard Lieberman from Brooklyn Manor Home for Adults.

In June 1993, after conducting an investigation of Brooklyn Manor Home for Adults (hereinafter BMHA), respondent issued an order pursuant to Social Services Law § 460-d (8) directing, inter alia, that petitioner Benito Fernandez, operator of BMHA, "remove [petitioner Howard] Lieberman immediately from the…