By Nelson, J.P.; Wooten, Wan, Love, JJ.
IN THE MATTER OF ANDERSON CENTER FOR AUTISM, INC., pet, v. NEW YORK STATE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS, ET AL., res — (Index No. 50534/20) Barclay Damon, LLP, Albany, NY (Robert A. Hussar and Colm P. Ryan of counsel), for petitioner. Letitia James, Attorney General, New York, NY (Anisha S. Dasgupta and Eric Del Pozo of counsel), for respondents. Proceeding pursuant to CPLR article 78 to review a determination of Elizabeth M. Devane, Administrative Law Judge of the Administrative Hearings Unit of the State of New York Justice Center for the Protection of People with Special Needs, dated October 10, 2019. The determination adopted the findings of fact and conclusions of law of an Administrative Law Judge dated September 27, 2019, made after a hearing, that the petitioner committed category four neglect as defined by Social Services Law §§488 and 493(3)(b) and (4)(d) and denied the petitioner’s request that a substantiated report of neglect dated April 1, 2016, be amended and sealed. ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs. In a substantiated report of neglect dated April 1, 2016, the State of New York Justice Center for the Protection of People with Special Needs (hereinafter the Justice Center) advised the petitioner, the Anderson Center for Autism, Inc. (hereinafter the Anderson Center), a residential school for children with autism, that certain allegations of conduct by its staff that constituted category four neglect had been substantiated. The allegations were that between June 19, 2015, and June 23, 2015, the Anderson Center, while a custodian, committed neglect when, inter alia, due to a failure to adequately train its staff on applicable policies, its staff failed to adequately record a calorie count, as requested by a dietician, for a service recipient and failed to notify a nurse when that service recipient refused meals. The report stated that these failures exposed the service recipient to harm or the risk of harm and that individual staff culpability was mitigated by systemic problems. The Anderson Center exercised its right to a hearing before an Administrative Law Judge. After the hearing, the Administrative Law Judge found that the Justice Center proved by a preponderance of the evidence that the Anderson Center committed acts of category four neglect (see Social Services Law §493[3][a][i]; [4][d]). In a final determination and order after hearing dated October 10, 2019, the Administrative Law Judge’s recommended decision was adopted in its entirety. The Anderson Center commenced this proceeding against the Justice Center pursuant to CPLR article 78 to review that determination. By order dated June 4, 2020, the Supreme Court transferred the proceeding to this Court pursuant to CPLR 7804(g).
