Majority
Proceeding pursuant to CPLR article 78 to review a determination of the New York State Office of Children and Family Services dated June 22, 2012, which, after a hearing, denied the petitioner’s application to amend and seal an indicated report maintained by the New York State Register of Child Abuse and Maltreatment.
Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
At an administrative expungement hearing to determine whether a report of child abuse or maltreatment is substantiated, the allegations in the report must be established by a preponderance of the evidence (see Matter of Lee TT. v Dowling, 87 NY2d 699 , 703 [1996]; Matter of Esteva v New York State Cent. Register of Child Abuse & Maltreatment, 82 AD3d 978 , 979 [2011]; Matter of Blythe v Carrion, 63 AD3d 1059 , 1059 [2009]). “It is the function of the administrative agency, not the reviewing court, to weigh the evidence or assess the credibility of the witnesses” (Matter of Bullock v State of N.Y. Dept. of Social Servs., 248 AD2d 380 , 382 [1998]).
Judicial review of a determination that a report of maltreatment has been substantiated is limited to whether the determination is supported by substantial evidence in the record (see Matter of Reed v Carrion, 84 AD3d 1094 , 1094 [2011]; Matter of Benjamin v Carrion, 79 AD3d 744 , 744 [2010]). Substantial evidence “means such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact” (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 , 180 [1978]).
To establish that maltreatment occurred, the agency must show that the child’s physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of the person legally responsible for his or her care to exercise a minimum degree of care (see 18 NYCRR 432.1 [b] [1]). Here, the Commissioner of the New York State Office of Children and Family Services determined that a fair preponderance of the evidence established that the subject children’s physical, mental, or emotional condition was in imminent danger of becoming impaired, as a result
Accordingly, the determination denying the petitioner’s application to amend and seal the report maintained by the New York State Office of Children and Family Services must be confirmed, the petition denied, and the proceeding dismissed on the merits.
Mastro, J.R, Dickerson, Cohen and Miller, JJ., concur.
Cases cited
- Lee TT. v. Dowling 87 NY2d 699 at 703 p. 500
- Esteva v. New York State Central Register of Child Abuse & Maltreatment 82 AD3d 978 at 979 p. 500
- Blythe v. Carrion 63 AD3d 1059 at 1059 p. 500
- Reed v. Carrion 84 AD3d 1094 at 1094 p. 500
- Benjamin v. Carrion 79 AD3d 744 at 744 p. 500
- 300 Gramatan Avenue Associates v. State Division of Human Rights 45 NY2d 176 at 180 p. 500
- Martin MM. v. New York State Office of Children 110 AD3d 1285 at 1286 p. 501
- In re Anthony S. 98 AD3d 519 at 520 p. 501
- In re Armani KK. 81 AD3d 1001 at 1002 p. 501
- In re Angelique L. 42 AD3d 569 at 572 p. 501