D'Ambrosio v. Suffolk County Department of Social Services

Appellate Division of the Supreme Court of New York

D'Ambrosio v. Suffolk County Department of Social Services

286 A.D.2d 387, 728 N.Y.S.2d 725, 2001 N.Y. App. Div. LEXIS 7988

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

DecidedAugust 13, 2001

StatusPublished

Cited by1 cases

This text of 286 A.D.2d 387 (D'Ambrosio v. Suffolk County Department of Social 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.

Bluebook

D'Ambrosio v. Suffolk County Department of Social Services, 286 A.D.2d 387, 728 N.Y.S.2d 725, 2001 N.Y. App. Div. LEXIS 7988 (N.Y. Ct. App. 2001).

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Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the State of New York Department of Social Services, dated September 24, 1999, which, after a hearing, found that the petitioner had committed an act of maltreatment of a minor and that such maltreatment was established by a fair preponderance of the evidence and was relevant and reasonably related to child care employment.

Adjudged that the determination is confirmed and the proceeding is dismissed, on the merits, without costs or disbursements.

Judicial review of an administrative determination made after a hearing required by law is limited to consideration of whether the determination is supported by substantial evidence on the record as a whole (see, People ex rel. Vega v Smith, 66 NY2d 130; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176). It is the function of the administrative agency, not the reviewing court, to weigh the evidence or assess the credibility of the witnesses (see, Matter of Silberfarb v Board of Coop. Educ. Servs., 60 NY2d 979).

Here, there was substantial evidence in the record to support the finding that the petitioner maltreated a child pursuant to Social Services Law § 412 (2). O’Brien, J. P., Altman, Feuerstein and Cozier, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the State of New York Department of Social Services, dated September 24, 1999, which, after a hearing, found that the petitioner had committed an act of maltreatment of a minor and that such maltreatment was established by a fair preponderance of the evidence and was relevant and reasonably related to child care employment.

Adjudged that the determination is confirmed and the proceeding is dismissed, on the merits, without costs or disbursements.

Judicial review of an administrative determination made after a hearing required by law is limited to consideration of whether the determination is supported by substantial evidence on the record as a whole (see, People ex rel. Vega v Smith, 66 NY2d 130; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176). It is the function of the administrative agency, not the reviewing court, to weigh the evidence or assess the credibility of the witnesses (see, Matter of Silberfarb v Board of Coop. Educ. Servs., 60 NY2d 979).

Here, there was substantial evidence in the record to support the finding that the petitioner maltreated a child pursuant to Social Services Law § 412 (2). O’Brien, J. P., Altman, Feuerstein and Cozier, JJ., concur.

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Bluebook (online)

286 A.D.2d 387, 728 N.Y.S.2d 725, 2001 N.Y. App. Div. LEXIS 7988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dambrosio-v-suffolk-county-department-of-social-services-nyappdiv-2001.

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