NEW CITY − The owner of a Maple Street day care center has been blocked from operating after a state judge agreed with Clarkstown’s assertions that the facility endangered the lives of children and staff.
Supreme Court Justice Larry Schwartz signed an injunction order on Friday, July 11, closing down the center at 86 Maple Ave. until all Clarkstown-cited violations are cured and the operator obtains a special operating permit.
Schwartz sustained Clarkstown’s accusations that the basement day care center had endangered the lives of an estimated 69 children, ages 3 months to 5 years, and staff. Clarkstown inspectors found the property riddled with at least 25 state fire and safety code violations and had been operating without a permit.
The injunction also prohibits the operator, Congregation Morah Chany, and the property owner, Aron Altman, who owns both 86 and 96 Maple Ave, from running a day camp on the properties. The congregation had cordoned off an area for a playground in the parking lot where trucks and trailers were stored. Several businesses, including a U-Haul truck depot, operate on the properties.
Schwartz gave the operator 30 days to close down the unpermitted truck depot. The judge’s order allows the operator to use 86 Maple for its approved use as a house of worship and continue allowing a vape shop and tailoring business at 96 Maple Ave.
The congregation’s attorney argued earlier this week that it didn’t need a permit to operate a day care out of a religious institution.
Hoehmann: Clarkstown won’t tolerate violations and endangering lives
The decision marked a victory for Clarkstown, which worked with Rockland Child Protective Services to close down the day care center on Tuesday and evacuate the children and staff.
Supervisor George Hoehmann had called the conditions “horrific” during a news conference in Town Hall on Wednesday, July 9.
He and other town officials noted the basement area contained dozens of cribs posed and would have endangered the children had an emergency occurred, like a fire or explosion.
Clarkstown inspectors found that the basement sleeping area was near a boiler with loose electrical wiring and combustible materials like propane tanks and paint cans. The basement had one entrance and exit up steep stairs.
“I am grateful the court heard this quickly and sided with the town,” Hoehmann said on Friday after the court session. “We won’t tolerate this type of activity within our town.”
Hoehmann and Town Attorney Kevin Conway said they were surprised that some parents attended the court session to support the day care center. Hoehmann’s office received telephone calls from other parents concerned about the babies in the basement and demanded jail for the operators, he said.
Attorneys differ on if Congregation needed permit for a day care center
Conway said the attorney for Altman and the congregation didn’t argue against the injunction closure, nor did he press prior claims that a religious organization didn’t require a permit to operate a day care center.
Attorney Richard Mahon, with Catania Mahon & Rider, wrote Schwartz earlier this week, saying Clarkstown officials wrongly accused the congregation of needing a state permit to operate a day care center.
Mahon argued that Clarkstown’s request for a temporary restraining order closing the day care center “is improper, runs afoul of the State regulations, and even violates First Amendment religious freedom rights.”
Clarkstown’s special counsel, John Flannery, responded in a letter to Schwartz, saying that while religious institutions are “afforded deference” on use of their properties, they’re not allowed to ignore building and fire codes.
When the children are taken outside, they have to contend with U-Haul trucks and trailers being moved and rented in the areas where they walk and play, Flannery wrote, arguing that Clarkstown showed closing down the facility was an urgent matter.
Congregation Morah Chany first sought a special permit from Clarkstown to operate a day care center. But the congregation didn’t complete the application and opened the day care anyway, without town approvals, according to Clarkstown officials.
Mahon clarified that the reason the congregation never finished its application was that it realized it “wasn’t necessary.”
Conway said the congregation denied inspectors access to the buildings. The town got a court-ordered search warrant to inspect.
The New York State Office of Children and Family Services has gotten involved in the investigation. New York State Social Services Law and the Child Care and Block Grant Act require training for individuals in certain roles in child care programs.
”The safety and well-being of all children is our top priority,” spokesperson Karen Male said in a statement on Friday. “OCFS was made aware of this incident, and we are working with local authorities to investigate.”
What’s next: Monitoring for compliance and prosecution of violations
Schwartz set an Aug. 15 court session to hear both sides and ensure no day care activities were taking place at the properties.
Conway said if the congregation and Altman violate the injunction, the town would seek financial penalties and possible jail.
The congregation and Altman will also face a separate Clarkstown Justice Court prosecution, including the fire and safety code violations and operating without a permit. Conway said the congregations could face fines of $50,000, at the discretion of the judge and plea discussions.
The Clarkstown police are conducting a criminal investigation, Police Chief Jeff Wanamaker has said.
Read the judge’s order below.
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This article originally appeared on Rockland/Westchester Journal News: NY judge orders ‘dangerous’ New City day care center closed. What’s next for the facility?
Reporting by Steve Lieberman, Rockland/Westchester Journal News / Rockland/Westchester Journal News
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