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MATTER OF BHAGOJI v. WING

251 A.D.2d 133 (1998)

674 N.Y.S.2d 320

In the Matter of Bharat Bhagoji, Petitioner, v. Brian J. Wing, as Acting Commissioner of The New York State Department of Social Services, Respondent

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

June 16, 1998

It is clear that respondent evaluated the report of abuse under the required "fair preponderance of the evidence" standard (see, Matter of Lee TT. v Dowling, 87 N.Y.2d 699), and, upon review, we too find that the report is supported by a fair preponderance of the evidence. Petitioner's argument that the hearsay testimony introduced against him was unworthy of belief is without merit, because hearsay is admissible in administrative...

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