Livecchi v. Perales

Appellate Division of the Supreme Court of New York

Livecchi v. Perales

118 A.D.2d 714, 500 N.Y.S.2d 45, 1986 N.Y. App. Div. LEXIS 54572

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

DecidedMarch 17, 1986

StatusPublished

Cited by2 cases

This text of 118 A.D.2d 714 (Livecchi v. Perales) 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

Livecchi v. Perales, 118 A.D.2d 714, 500 N.Y.S.2d 45, 1986 N.Y. App. Div. LEXIS 54572 (N.Y. Ct. App. 1986).

Pincite

Opinion

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated November 28, 1983, which, after a hearing, denied the petitioner’s request to expunge two reports from the New York State Central Register of Child Abuse and Maltreatment.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The respondent’s determination denying the petitioner’s request to expunge the 1973 and 1977 reports of child abuse and maltreatment from the Central Register was proper. Social Services Lpw § 422 (5) requires that all identifying information in a report be expunged from the Central Register unless the investigation "determines that there is some credible evidence of the alleged abuse or maltreatment”. In this case, sufficient evidence of maltreatment was presented at the hearing to sustain the respondent’s decision not to expunge the reports from the Central Register (see, Matter of Ebanks v Perales, 111 AD2d 331; Matter of Tammie Z., 105 AD2d 463, affd 66 NY2d 1). Mangano, J. P., Gibbons, Lawrence and Kunzeman, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Social Services, dated November 28, 1983, which, after a hearing, denied the petitioner’s request to expunge two reports from the New York State Central Register of Child Abuse and Maltreatment.

Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

The respondent’s determination denying the petitioner’s request to expunge the 1973 and 1977 reports of child abuse and maltreatment from the Central Register was proper. Social Services Lpw § 422 (5) requires that all identifying information in a report be expunged from the Central Register unless the investigation "determines that there is some credible evidence of the alleged abuse or maltreatment”. In this case, sufficient evidence of maltreatment was presented at the hearing to sustain the respondent’s decision not to expunge the reports from the Central Register (see, Matter of Ebanks v Perales, 111 AD2d 331; Matter of Tammie Z., 105 AD2d 463, affd 66 NY2d 1). Mangano, J. P., Gibbons, Lawrence and Kunzeman, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

118 A.D.2d 714, 500 N.Y.S.2d 45, 1986 N.Y. App. Div. LEXIS 54572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/livecchi-v-perales-nyappdiv-1986.

Opinion

Related

Cite This Page — Counsel Stack