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In re Draman

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 2010
78 A.D.3d 1603 (N.Y. App. Div. 2010)

Opinion

No. TP 10-01166.

November 12, 2010.

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, Erie County [Patrick H. NeMoyer, J.], entered May 17, 2010) to review a determination of respondent New York State Office of Children and Family Services. The determination denied the application of petitioner to amend an indicated report of child maltreatment.

JAMES P. RENDA, BUFFALO, FOR PETITIONER.

ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (KATHLEEN M. ARNOLD OF COUNSEL), FOR RESPONDENTS NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES AND GLADYS CARRION, COMMISSIONER.

Present — Martoche, J.P., Sconiers, Green and Pine, JJ.


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 seeking to annul the determination of respondent New York State Office of Children and Family Services denying his request to amend an indicated report of maltreatment to provide instead that the report was unfounded ( see Social Services Law § 422 [a] [v]; [c] [ii]). Upon our review of the record, we conclude that there is a rational basis for the agency's determination and that it is supported by substantial evidence ( see Matter of Theresa G. v Johnson, 26 AD3d 726; Matter of Danielle G. v Schauseil, 292 AD2d 853, 854).


Summaries of

In re Draman

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 2010
78 A.D.3d 1603 (N.Y. App. Div. 2010)
Case details for

In re Draman

Case Details

Full title:In the Matter of SHANE M. DRAMAN, Petitioner, v. NEW YORK STATE OFFICE OF…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 12, 2010

Citations

78 A.D.3d 1603 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 8284
910 N.Y.S.2d 708

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