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Matter of Bielecki v. Perales

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1989
152 A.D.2d 568 (N.Y. App. Div. 1989)

Opinion

July 3, 1989


Ordered that the determination is confirmed, and the proceeding is dismissed on the merits, with costs.

Upon our review of the record we conclude that there is substantial evidence to support the finding that the petitioner was operating an "adult care facility". Several of the current residents of the petitioner's facility were shown to have been "unable or substantially unable to live independently" (Social Services Law § 2; Matter of Pell v Board of Educ., 34 N.Y.2d 222). The petitioner points out that two doctors testified at the hearing that the prognosis had changed for the residents and that all could live independently. However, the Administrative Law Judge's assessment that the doctors' testimony was incredible was within his province (see, Matter of Amber Rock Pharmacy v Axelrod, 111 A.D.2d 848). On this record we find no reason to disturb that assessment.

In addition, we cannot say that the penalty imposed is so disproportionate to the offense as to be shocking to one's sense of fairness (see, Matter of Pell v Board of Educ., supra).

We have reviewed the petitioner's remaining contentions and find them to be without merit. Bracken, J.P., Brown, Lawrence and Kooper, JJ., concur.


Summaries of

Matter of Bielecki v. Perales

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1989
152 A.D.2d 568 (N.Y. App. Div. 1989)
Case details for

Matter of Bielecki v. Perales

Case Details

Full title:In the Matter of REID BIELECKI, Petitioner, v. CESAR A. PERALES, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 3, 1989

Citations

152 A.D.2d 568 (N.Y. App. Div. 1989)
543 N.Y.S.2d 495

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