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MATTER OF GARNER v. NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES

14807, 401577/12

131 A.D.3d 417 (2015)

13 N.Y.S.3d 832

2015 NY Slip Op 06405

In the Matter of VALYNDA GARNER, Petitioner, v. NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES et al., Respondents.

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

Decided August 4, 2015.

A report of child abuse or maltreatment must be established at an administrative expungement hearing by a fair preponderance of the evidence (see Matter of Lee TT. v Dowling, 87 N.Y.2d 699, 703 [1996]). "Upon judicial review, the inquiry is limited to whether the administrative determination is supported by substantial evidence in the record" (see Matter of Valentine v New York State Cent. Register of Child Abusers & Maltreatment...

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