New York, November 8, 2006 - Kramer Levin Naftalis & Frankel announced today that an administrative law judge has ruled that the New York State Office of Children and Family Services improperly denied an operating certificate to St. Basil Academy, a Greek Orthodox home for children in need in Garrison, NY. The decision should conclude a lengthy legal battle that pitted St. Basil against the town and the state and ensures that the home can once again accept children in need.
At the core of the dispute is whether St. Basil (www.saintbasilacademy.org/), in operation since 1944, can send its children to the Garrison school. As a result of the decision, the school board should recognize that they must accept St. Basil children, said Gregory Horowitz, an attorney with Kramer Levin Naftalis & Frankel who is representing St. Basil pro bono.
"It's been very distressing to us that Garrison has tried to shut us out and shut us down," Horowitz said. "We hope that this decision will cause them finally to start talking with us about a mutually beneficial relationship. We just want to be part of the community, and we have a lot to offer. We will work with Garrison to minimize the financial impact because the health of the district is a primary concern of ours."
The OCFS in October denied the license on two grounds: lack of an adequate education plan for the children and the harboring of an illegal alien - a 14-year old girl whose mother brought her to the US when her brother needed cancer treatment in NYC. When the brother died , the mother left her. St. Basil has cared for her ever since.
After hearing the case in Albany in May before Administrative Law Judge William B. Day, the Bureau of Special Hearings issued its decision Nov. 3, rejecting both of the state's arguments and directing that OCFS must "issue St. Basil a certificate to operate a residential care program forthwith."