Bertuzzi v. Bane

Appellate Division of the Supreme Court of New York

Bertuzzi v. Bane

212 A.D.2d 784, 621 N.Y.S.2d 858

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 27, 1995

StatusPublished

Cited by1 cases

This text of 212 A.D.2d 784 (Bertuzzi v. Bane) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bertuzzi v. Bane, 212 A.D.2d 784, 621 N.Y.S.2d 858 (N.Y. Ct. App. 1995).

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Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Social Services, dated July 13, 1992, which, after a hearing, denied the petitioners’ application to expunge a report maintained by the New York State Central Register of Child Abuse and Maltreatment, dated September 12, 1990, that they had maltreated their minor daughter.

Adjudged that the petition is granted, on the law, without costs or disbursements, the determination is annulled, and the report of maltreatment is expunged.

We find that the determination denying the petitioners’ application to expunge a report that they had maltreated one of their minor daughters is not supported by substantial evidence (see, CPLR 7803 [4]). Sullivan, J. P., Rosenblatt, Copertino and Hart, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Social Services, dated July 13, 1992, which, after a hearing, denied the petitioners’ application to expunge a report maintained by the New York State Central Register of Child Abuse and Maltreatment, dated September 12, 1990, that they had maltreated their minor daughter.

Adjudged that the petition is granted, on the law, without costs or disbursements, the determination is annulled, and the report of maltreatment is expunged.

We find that the determination denying the petitioners’ application to expunge a report that they had maltreated one of their minor daughters is not supported by substantial evidence (see, CPLR 7803 [4]). Sullivan, J. P., Rosenblatt, Copertino and Hart, JJ., concur.

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Bluebook (online)

212 A.D.2d 784, 621 N.Y.S.2d 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bertuzzi-v-bane-nyappdiv-1995.

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