Opinion
471
March 12, 2002.
Determination of respondent New York State Office of Children and Family Services (OCFS), dated May 22, 2000, which, after a fair hearing, upheld the finding of respondent Administration for Children's Services of the City of New York (ACS) that petitioner committed the acts of child sexual abuse that gave rise to the indicated report in respondent New York State Central Register of Child Abuse and Maltreatment, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by an order of the Supreme Court, New York County [Louis York, J.], entered November 24, 2000), dismissed, without costs.
Jeffrey L. Kreisberg for petitioner.
Carol Fischer Julie Steiner for respondents.
Before: Williams, P.J., Nardelli, Andrias, Sullivan, Friedman, JJ.
OCFS's decision to uphold ACS's finding that petitioner committed the acts of child sexual abuse against his former step-son that formed the basis of the indicated report entered in the New York State Central Register of Child Abuse and Maltreatment, was supported by the requisite fair preponderance of the evidence (see, Matter of Lee TT. v. Dowling, 87 N.Y.2d 699). Petitioner's argument that ACS failed to prove its case because it relied on hearsay is without merit (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139; and see, Matter of Bhagoji v. Wing, 251 A.D.2d 133).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.