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MATTER OF PARKER v. CARRIÓN

3835, 251729/09.

80 A.D.3d 458 (2011)

914 N.Y.S.2d 150

In the Matter of TANYA PARKER, Petitioner, v. GLADYS CARRIÓN, 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 11, 2011.

The New York State Office of Children and Family Services (OCFS) alleges that petitioner maltreated her daughter by the use of excessive corporal punishment. At the fair hearing, OCFS had the burden of establishing these allegations by a fair preponderance of the evidence (see Social Services Law § 424-a [2] [d]; Matter of Hattie G. v Monroe County Dept. of Social Servs., Children's Servs. Unit, 48 A.D.3d 1292, 1293...

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