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In the Matter of Blossick

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 2005
19 A.D.3d 1024 (N.Y. App. Div. 2005)

Opinion

TP 04-03046.

June 10, 2005.

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.

PAUL F. SHANAHAN, ROCHESTER, FOR PETITIONER.

ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (KATHLEEN M. TREASURE OF COUNSEL), FOR RESPONDENT NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES.

DANIEL M. DE LAUS, COUNTY ATTORNEY, ROCHESTER (PAUL N. HUMPHREY OF COUNSEL), FOR RESPONDENT MONROE COUNTY DEPARTMENT OF SOCIAL SERVICES.

Present: PIGOTT, Jr., P.J., HURLBUTT, KEHOE, MARTOCHE and SMITH, JJ.


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; cf. Matter of Carl F. v. New York State Off. of Children Family Servs., 17 AD3d 1048).

We have reviewed petitioner's remaining contentions and conclude that they are without merit. [ See 6 Misc 3d 621 (2004).]


Summaries of

In the Matter of Blossick

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 10, 2005
19 A.D.3d 1024 (N.Y. App. Div. 2005)
Case details for

In the Matter of Blossick

Case Details

Full title:In the Matter of HARRY C. BLOSSICK, Petitioner, v. NEW YORK STATE OFFICE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 10, 2005

Citations

19 A.D.3d 1024 (N.Y. App. Div. 2005)
796 N.Y.S.2d 286