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STEWART v. CARRION

3604, 401269/09.

80 A.D.3d 417 (2011)

913 N.Y.S.2d 227

PAMELA STEWART, Petitioner, v. GLADYS CARRION, as Commissioner of the New York State Office of Children and Family Services, et al., Respondents.

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

Decided January 4, 2011.

On a petitioner's application for expungement, this Court's review is limited to whether the determination was supported by substantial evidence in the record (see Matter of Hattie G. v Monroe County Dept. of Social Servs., Children's Servs. Unit, 48 A.D.3d 1292, 1293 [2008]). To establish maltreatment, it was necessary to demonstrate, by a fair preponderance of the evidence, that petitioner "did not exercise a minimum degree...

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