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MATTER OF ROSENGARTEN v. N.Y. STATE OFF. OF CHILDREN & FAMILY SERVS.

156421/20. Appeal No. 15371. Case No. 2020-04786.

202 A.D.3d 639 (2022)

162 N.Y.S.3d 376

2022 NY Slip Op 01260

In the Matter of Martin Rosengarten, Petitioner, v. New York State Office of Children and Family Services et al., Respondents.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

Philip A. Greenberg, P.C., New York ( Philip A. Greenberg of counsel), for petitioner.

Letitia James , Attorney General, New York ( Eric Ross Haren of counsel), for New York State Office of Children and Family Services, New York Central Register of Child Abuse and Maltreatment, respondents.

Georgia M. Pestana , Corporation Counsel, New York ( Chloe K. Moon of counsel), for New York City Administration for Children's Services, respondents.

Concur—Acosta, P.J., Kapnick, Friedman, Singh, JJ.

The determination that petitioner provided inadequate guardianship is supported by substantial evidence in the record (CPLR 7803[4]; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 179-182 [1978]). The investigative notes of respondent New York City Administration for Children's Services (ACS) provide clear evidence that petitioner, among other things, hit his then-11-year-old son on the head, threw a water...

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