Opinion
11-20-2015
In The Matter Of Frederick W. SARKIS, II, Petitioner, v. MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, Department of Law, Children's Services Unit and New York State Central Register of Child Abuse and Maltreatment, Respondents.
Kristina Karle, Rochester, for Petitioner. Merideth H. Smith, County Attorney, Rochester (Peter A. Essley of Counsel), for Respondent Monroe County Department Of Human Services, Department of Law, Children's Services Unit. Eric T. Schneiderman, Attorney General, Albany (Allyson B. Levine), for Respondent New York State Central Register of Child Abuse and Maltreatment.
Kristina Karle, Rochester, for Petitioner.
Merideth H. Smith, County Attorney, Rochester (Peter A. Essley of Counsel), for Respondent Monroe County Department Of Human Services, Department of Law, Children's Services Unit.
Eric T. Schneiderman, Attorney General, Albany (Allyson B. Levine), for Respondent New York State Central Register of Child Abuse and Maltreatment.
Opinion
MEMORANDUM:
Petitioner commenced this CPLR article 78 proceeding to review a determination made after a fair hearing that, inter alia, denied his request to amend an indicated report of maltreatment with respect to his daughter to an unfounded report, and to seal it (see Social Services Law § 422[8][a][v]; [c][ii] ). At the outset, we note that, although the petition raised an issue of substantial evidence, petitioner has not raised that issue in his brief, and we therefore deem the issue abandoned (see Matter of Alvarez v. Fischer, 94 A.D.3d 1404, 1405, 942 N.Y.S.2d 711).
Contrary to petitioner's contention, “it was not ‘improper for the fact-finding determination to be made by a person who did not preside at the ... hearing’ ... [,] and petitioner was not deprived of due process thereby” (Matter of Pluta v. New York State Off. of Children & Family Servs., 17 A.D.3d 1126, 1127, 794 N.Y.S.2d 261, lv. denied 5 N.Y.3d 715, 806 N.Y.S.2d 166, 840 N.E.2d 135; see Matter of Seemangal v. New York State Off. of Children & Family Servs., 49 A.D.3d 460, 460–461, 854 N.Y.S.2d 379; Matter of Theresa G. v. Johnson, 26 A.D.3d 726, 727, 807 N.Y.S.2d 892).
Petitioner further contends that he was denied due process because the Administrative Law Judge presiding over the hearing improperly limited his ability to present evidence and cross- examine witnesses. We reject that contention. The record establishes that “[p]etitioner had ‘a meaningful opportunity to present evidence on his behalf and cross-examine opposing witnesses' ” (Matter of Wiley v. Hiller, 277 A.D.2d 1024, 1025, 716 N.Y.S.2d 226; see Matter of Emes Heating & Plumbing Contrs. v. McGowen, 279 A.D.2d 819, 821, 719 N.Y.S.2d 342).
It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.
CENTRA, J.P., PERADOTTO, LINDLEY, VALENTINO, and WHALEN, JJ., concur.