McLaurin v. Antonacci

Appellate Division of the Supreme Court of New York

McLaurin v. Antonacci

255 A.D.2d 913, 679 N.Y.S.2d 916, 1998 N.Y. App. Div. LEXIS 12118

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

DecidedNovember 13, 1998

StatusPublished

This text of 255 A.D.2d 913 (McLaurin v. Antonacci) 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

McLaurin v. Antonacci, 255 A.D.2d 913, 679 N.Y.S.2d 916, 1998 N.Y. App. Div. LEXIS 12118 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Order unanimously affirmed without costs for reasons stated in decision at Supreme Court, Murphy, J. (Appeal from Order of Supreme Court, Onondaga County, Murphy, J. — Summary Judgment.) Present— Denman, P. J., Hayes, Wisner, Callahan and Boehm, JJ.

50 In the Matter of Richard G. B., Petitioner, v W. Michael Woodhouse, as Commissioner of Livingston County Department of Social Services, et al., Respondents. [679 NYS2d 916] —Determination unanimously annulled on the law without costs and petition granted. Memorandum: In this CPLR article 78 proceeding transferred to our Court pursuant to CPLR 7804 (g), petitioner challenges the determination, made following a fair hearing, that denied his application to expunge a report to the State Central Register indicating that petitioner had maltreated his teenaged daughter (see, Social Services Law § 422). Upon our review of the record, we conclude that the Livingston County Department of Social Services failed to prove maltreatment by a fair preponderance of the evidence (see, Matter of Lee TT. v Dowling, 87 NY2d 699, 712, rearg denied sub nom. Matter of Joel P. v Bane, 88 NY2d 920; Matter of John F. v Dowling, 224 AD2d 964). Thus, the determination must be annulled and the indicated report expunged. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Livingston County, Cicoria, J.) Present — Denman, P. J., Hayes, Wisner, Callahan and Boehm, JJ.

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

—Order unanimously affirmed without costs for reasons stated in decision at Supreme Court, Murphy, J. (Appeal from Order of Supreme Court, Onondaga County, Murphy, J. — Summary Judgment.) Present— Denman, P. J., Hayes, Wisner, Callahan and Boehm, JJ.

50 In the Matter of Richard G. B., Petitioner, v W. Michael Woodhouse, as Commissioner of Livingston County Department of Social Services, et al., Respondents. [679 NYS2d 916] —Determination unanimously annulled on the law without costs and petition granted. Memorandum: In this CPLR article 78 proceeding transferred to our Court pursuant to CPLR 7804 (g), petitioner challenges the determination, made following a fair hearing, that denied his application to expunge a report to the State Central Register indicating that petitioner had maltreated his teenaged daughter (see, Social Services Law § 422). Upon our review of the record, we conclude that the Livingston County Department of Social Services failed to prove maltreatment by a fair preponderance of the evidence (see, Matter of Lee TT. v Dowling, 87 NY2d 699, 712, rearg denied sub nom. Matter of Joel P. v Bane, 88 NY2d 920; Matter of John F. v Dowling, 224 AD2d 964). Thus, the determination must be annulled and the indicated report expunged. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Livingston County, Cicoria, J.) Present — Denman, P. J., Hayes, Wisner, Callahan and Boehm, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

255 A.D.2d 913, 679 N.Y.S.2d 916, 1998 N.Y. App. Div. LEXIS 12118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclaurin-v-antonacci-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack