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MATTER OF ROWE v. NEW YORK STATE OFF. OF CHILDREN & FAMILY SERVS.

TP 11-01317.

2011 NY Slip Op 09755

IN THE MATTER OF WENDI ROWE AND DOUGLAS GROOMS, PETITIONERS, v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES AND CHAUTAUQUA COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS.

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

Decided December 30, 2011.

Attorney(s) appearing for the Case

ERICKSON WEBB SCOLTON & HAJDU, LAKEWOOD ( PAUL V. WEBB, III , OF COUNSEL), FOR PETITIONERS.

JULIE B. HEWITT , MAYVILLE, FOR RESPONDENT CHAUTAUQUA COUNTY DEPARTMENT OF SOCIAL SERVICES.

ERIC T. SCHNEIDERMAN , ATTORNEY GENERAL, ALBANY ( JULIE M. SHERIDAN OF COUNSEL), FOR RESPONDENT NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES.

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ.

It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul the determination of respondent New York State Office of Children and Family Services denying their request to amend an indicated report of maltreatment to provide instead that the report was unfounded (see Social Services Law § 422 [8] [a] [v]; [c] [ii]). "Upon...

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