BETH v. JOHNSON (2001)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of BETH G., Petitioner, v. John A. JOHNSON, as Commissioner of State of New York Office of Children and Family Services, State of New York Office of Children and Family Services, David R. Peters, as Director of New York State Central Register for Child Abuse and Maltreatment, New York State Central Register For Child Abuse and Maltreatment, Edwin Miner, as Commissioner of Chautauqua County Department of Social Services, and Chautauqua County Department of Social Services, Respondents.

Decided: February 07, 2001

PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, KEHOE and BURNS, JJ.

Kevin J. Bauer, Buffalo, for petitioner. Lew A. Millenbach, Albany, for respondents John A. Johnson, as Commissioner of State of New York Office of Children and Family Services, State of New York Office of Children and Family Services, David R. Peters, as Director of New York State Central Register for Child Abuse and Maltreatment, and New York StateCentral Register for Child Abuse and Maltreatment.

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[8][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, 662 N.Y.S.2d 99; Matter of Hulten v. Department of Social Servs., 215 A.D.2d 559, 627 N.Y.S.2d 932; Matter of Bertuzzi v. Bane, 212 A.D.2d 784, 624 N.Y.S.2d 858). Thus, we annul the determination, grant the petition and direct that the indicated report be amended and sealed.

Determination unanimously annulled on the law with costs and petition granted.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law