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MATTER OF MALIZIA v. STATE OF NEW YORK

294 A.D.2d 578 (2002)

742 N.Y.S.2d 576

In the Matter of MICHAEL MALIZIA, Petitioner, v. STATE OF NEW YORK et al., Respondents.

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

Decided May 28, 2002.

Adjudged that the petition is granted, on the law, with costs, the determination is annulled, and the matter is remitted to the New York State Office of Children and Family Services for further proceedings consistent herewith.

The determination denying the petitioner's application to expunge a report that he had maltreated his daughter was not supported by substantial evidence (see CPLR 7803 [4]; Matter of Burks v Wing, 242 A.D.2d 624...

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