Fechter v. New York State Office of Children & Family Services

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Niagara County [Ralph A. Boniello, III, J], entered August 13, 2012) to review a determination of respondent New York State Office of Children

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

Memorandum: Petitioner commenced this CPLR article 78 proceeding to review a determination, made after a fair hearing, denying 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]). “Our review ... is limited to whether the determination was supported by substantial evidence in the record on the petitioner's] application for expungement” (Matter of Mangus v Niagara County Dept. of Social Servs., 68 AD3d 1774 , 1774 [2009], lv denied 15 NY3d 705 [2010] [internal quotation marks omitted]). Upon conducting such a review, we conclude that the agency’s determination is supported by substantial evidence (see generally Matter of Draman v New York State Off. of Children & Family Servs., 78 AD3d 1603 , 1603-1604 [2010]; Mangus, 68 AD3d at 1775 ; Matter of Theresa G. v Johnson, 26 AD3d 726 , 726-727 [2006]). Present — Smith, J.P., Fahey, Carni, Valentino and Whalen, JJ.