Judge Margo Brodie
Royal Crown Day Care alleged that New York City’s Department of Mental Health and Hygiene suspended its day-care permit in retaliation for its letter to a state senator claiming harassment and corruption at the health department. The court denied the department summary judgment of Royal Crown’s claims alleging violation of its substantive due process rights. After a detailed recital of the circumstances leading to suspension of Royal Crown’s permit, the court found that a jury could reasonably find the decision to suspend the permitonly six days after its letter to the state senatormotivated by retaliatory animus, and thus irrational. Among other things, defendants did not provide evidence, or cite any New York Health Code provision supporting their claim that the suspension was automatic under Health Code §47.77 because Royal Crown violated §47.19 by employing staff members lacking proper clearances. Health Code §47.77 states that “the Commissioner may order such child services to close and discontinue operations…without further proceedings” but not that closure or permit suspension is mandated.
