IN RE: Daniel BORDEN and Maria Borden (2018)

MEMORANDUM AND ORDER

It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum:  Petitioners commenced this CPLR article 78 proceeding seeking to annul respondent's determination, after a fair hearing, denying their request to amend to unfounded an indicated report of maltreatment.  Contrary to petitioners' contention, we conclude that respondent's determination is supported by substantial evidence (see Matter of Arbogast v. New York State Off. of Children & Family Servs., Special Hearing Bur., 119 A.D.3d 1454, 1454–1455, 990 N.Y.S.2d 399 [4th Dept. 2014];  Matter of Fechter v. New York State Off. of Children & Family Servs., 107 A.D.3d 1583, 1584, 968 N.Y.S.2d 821 [4th Dept. 2013] ).  Petitioners' contention that their testimony refuted the allegations of maltreatment and suggested that the child was coached “raised issues of credibility for the factfinder ․, and the factfinder's assessment of credibility will not be disturbed where, as here, ‘it is supported by substantial evidence’ ” (Matter of Dawn M. v. New York State Cent. Register of Child Abuse & Maltreatment, 138 A.D.3d 1492, 1493–1494, 30 N.Y.S.3d 471 [4th Dept. 2016];  see Matter of Emerson v. New York State Off. of Children & Family Servs., 148 A.D.3d 1627, 1627–1628, 49 N.Y.S.3d 597 [4th Dept. 2017] ).