Opinion
February 7, 2001.
CPLR art 78 Proceeding Transferred by Order of Supreme Court, Chautauqua County, Gerace, J.
PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, KEHOE AND BURNS, JJ.
Determination unanimously annulled on the law with costs and petition granted in accordance with the following
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 her application to amend and seal a report to the State Central Register indicating that petitioner had maltreated her infant son ( see, Social Services Law § 422 [b], [c]). Upon our review of the record, we conclude that the determination that petitioner committed acts of maltreatment is not supported by substantial evidence ( see, Matter of Burks v. Wing, 242 A.D.2d 624, 624-625; Matter of Hulten v. Department of Social Servs., 215 A.D.2d 559; Matter of Bertuzzi v. Bane, 212 A.D.2d 784). Thus, we annul the determination, grant the petition and direct that the indicated report be amended and sealed.