John F. v. Dowling

Appellate Division of the Supreme Court of New York

John F. v. Dowling

224 A.D.2d 964, 637 N.Y.S.2d 865, 1996 N.Y. App. Div. LEXIS 1608

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

DecidedFebruary 2, 1996

StatusPublished

Cited by1 cases

This text of 224 A.D.2d 964 (John F. v. Dowling) 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

John F. v. Dowling, 224 A.D.2d 964, 637 N.Y.S.2d 865, 1996 N.Y. App. Div. LEXIS 1608 (N.Y. Ct. App. 1996).

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Opinion

—Determination unanimously annulled on the law with costs and matter remitted to respondent Commissioner, New York State Department of Social Services, for further proceedings in accordance with the following Memorandum: Petitioner challenges a determination of respondent Commissioner of the New York State Department of Social Services (DSS) that denied his request to expunge records from the State Central Register indicating that petitioner had maltreated his daughter (see, Social Services Law § 422). The determination must be annulled. The Administrative Law Judge upheld the denial of petitioner’s request based upon "some credible evidence” of maltreatment, an impermissibly low standard of proof; due process requires DSS to prove maltreatment by a fair preponderance of the evidence (see, Matter of Janice A. M. P. v Bane, 216 AD2d 937; Valmonte v Bane, 18 F3d 992, 1002-1005). Thus, we remit the matter for a further hearing, if deemed necessary, and a determination based upon the proper standard of proof. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Erie County, Doyle, J.) Present — Pine, J. P., Lawton, Wesley, Davis and Boehm, JJ.

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—Determination unanimously annulled on the law with costs and matter remitted to respondent Commissioner, New York State Department of Social Services, for further proceedings in accordance with the following Memorandum: Petitioner challenges a determination of respondent Commissioner of the New York State Department of Social Services (DSS) that denied his request to expunge records from the State Central Register indicating that petitioner had maltreated his daughter (see, Social Services Law § 422). The determination must be annulled. The Administrative Law Judge upheld the denial of petitioner’s request based upon "some credible evidence” of maltreatment, an impermissibly low standard of proof; due process requires DSS to prove maltreatment by a fair preponderance of the evidence (see, Matter of Janice A. M. P. v Bane, 216 AD2d 937; Valmonte v Bane, 18 F3d 992, 1002-1005). Thus, we remit the matter for a further hearing, if deemed necessary, and a determination based upon the proper standard of proof. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Erie County, Doyle, J.) Present — Pine, J. P., Lawton, Wesley, Davis and Boehm, JJ.

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Bluebook (online)

224 A.D.2d 964, 637 N.Y.S.2d 865, 1996 N.Y. App. Div. LEXIS 1608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-f-v-dowling-nyappdiv-1996.

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