Blossick v. New York State Office of Children & Family Services

Appellate Division of the Supreme Court of New York

Blossick v. New York State Office of Children & Family Services

19 A.D.3d 1024, 796 N.Y.S.2d 286, 2005 N.Y. App. Div. LEXIS 6227

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

DecidedJune 10, 2005

StatusPublished

This text of 19 A.D.3d 1024 (Blossick v. New York State Office of Children & Family Services) 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.

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Blossick v. New York State Office of Children & Family Services, 19 A.D.3d 1024, 796 N.Y.S.2d 286, 2005 N.Y. App. Div. LEXIS 6227 (N.Y. Ct. App. 2005).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Monroe County [Andrew V. Siracuse, J.], entered December 15, 2004) to annul a determination of respondent New York State Office of Children and Family Services. The determination denied petitioner’s request to amend an “indicated” report of child maltreatment to an “unfounded” report.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination following a fair hearing denying his request to amend an “indicated” report of child maltreatment against him in the statewide central register of child abuse and maltreatment to an “unfounded” report. We conclude that the determination is supported by substantial evidence (see Matter of Gerald G. v State of N.Y. Dept. of Social Servs., 248 AD2d 918, 919 [1998]; cf. Matter of Carl F. v New York State Off. of Children & Family Servs., 17 AD3d 1048 [2005]).

We have reviewed petitioner’s remaining contentions and conclude that they are without merit. Present—Pigott, Jr., PJ., Hurlbutt, Kehoe, Martoche and Smith, JJ. [See 6 Misc 3d 621 (2004).]

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Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Monroe County [Andrew V. Siracuse, J.], entered December 15, 2004) to annul a determination of respondent New York State Office of Children and Family Services. The determination denied petitioner’s request to amend an “indicated” report of child maltreatment to an “unfounded” report.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination following a fair hearing denying his request to amend an “indicated” report of child maltreatment against him in the statewide central register of child abuse and maltreatment to an “unfounded” report. We conclude that the determination is supported by substantial evidence (see Matter of Gerald G. v State of N.Y. Dept. of Social Servs., 248 AD2d 918, 919 [1998]; cf. Matter of Carl F. v New York State Off. of Children & Family Servs., 17 AD3d 1048 [2005]).

We have reviewed petitioner’s remaining contentions and conclude that they are without merit. Present—Pigott, Jr., PJ., Hurlbutt, Kehoe, Martoche and Smith, JJ. [See 6 Misc 3d 621 (2004).]

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Bluebook (online)

19 A.D.3d 1024, 796 N.Y.S.2d 286, 2005 N.Y. App. Div. LEXIS 6227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blossick-v-new-york-state-office-of-children-family-services-nyappdiv-2005.

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