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MATTER OF COMPO v. PERALES

158 A.D.2d 962 (1990)

In the Matter of Mary Compo, as Mother of Marissa Compo, an Infant, Petitioner, v. Cesar A. Perales, as Commissioner of The New York State Department of Social Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 2, 1990

Determination confirmed without costs and petition dismissed.

Callahan and Balio, JJ. (dissenting).

We respectfully dissent. In our view, the Commissioner's determination should be annulled and petition granted, because the determination is not supported by substantial evidence.

Substantial evidence is less than a preponderance of the evidence and simply "means such relevant proof as a reasonable mind may...

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