Opinion
Argued May 21, 1999
July 6, 1999
Proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Family Assistance, dated October 6, 1997, which, after a hearing, found that the petitioner had committed an act of maltreatment of a minor and that such maltreatment was established by a fair preponderance of the evidence and was relevant and reasonably related to child care employment.
Nelson M. Farber, New York, N.Y., for petitioner.
Eliot L. Spitzer, Attorney-General, New York, N.Y. (Robert A. Forte and Thomas B. Litsky of counsel), for New York State respondents.
Alan D. Scheinkman, County Attorney, White Plains, N Y (Stacey Dolgin-Kmetz and Barbara L. Harmatz of counsel), for Westchester County respondents.
CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
Contrary to the petitioner's contention, substantial evidence supported the determination finding that she maltreated her foster child by not protecting her from the risk of sexual abuse ( see, CPLR 7803; Matter of Lahey v. Kelly, 71 N.Y.2d 135, 140; 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 181; see, e.g., Matter of Bullock v. State of New York Dept. of Social Servs., 248 A.D.2d 380).