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MATTER OF JAN V. v. STATE OF NEW YORK OFFICE OF CHILDREN AND FAMILY SERVICES

38 A.D.3d 912 (2007)

831 N.Y.S.2d 334

In the Matter of JAN V. et al., Petitioners, v. STATE OF NEW YORK OFFICE OF CHILDREN AND FAMILY SERVICES et al., Respondents.

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

Decided March 27, 2007.

Adjudged that the petition is granted, on the law, with costs, the determination is annulled, and the respondents are directed to expunge the sealed, unfounded report maintained by the New York State Central Register of Child Abuse and Maltreatment which is the subject of this proceeding.

Since no administrative hearing was held, the petition does not raise a substantial evidence question pursuant to CPLR 7803 (4), and should not have been transferred to this Court...

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