MATTER OF M.C. v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES

2010-11382.

93 A.D.3d 665 (2012)

939 N.Y.S.2d 702

2012 NY Slip Op 1672

In the Matter of M.C., Petitioner, v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES et al., Respondents.

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

Decided March 6, 2012.


Adjudged that the petition is granted, on the law, with costs, the determination is annulled, and the matter is remitted to the respondents to grant the petitioner's application.

At an administrative hearing to determine whether a report of child abuse or maltreatment is substantiated, the allegations in the report must be established by a fair preponderance of the evidence (see Matter of Lee TT. v Dowling, 87 N.Y.2d 699...

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