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

2011-07959.

100 A.D.3d 899 (2012)

In the Matter of ANDREA M., Petitioner, v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, Respondent.

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

November 21, 2012.

Adjudged that the petition is granted, on the law, with costs, the determination is annulled, and the matter is remitted to the respondent to amend the indicated report to an unfounded report and to seal the amended report.

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

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