MATTER OF PESCALES v. NEW YORK STATE OFF. OF CHILDREN AND FAMILY SERVS.

2019-13600. Index No. 4301/19.

204 A.D.3d 915 (2022)

164 N.Y.S.3d 855

2022 NY Slip Op 02546

In the Matter of Sameh Pescales, Petitioner, v. New York State Office of Children and Family Services, Respondent.

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

Decided April 20, 2022.


Attorney(s) appearing for the Case

Leavitt Kerson & Sehati, Forest Hills, NY ( Paul E. Kerson of counsel), for petitioner.

Letitia James , Attorney General, New York, NY ( Steven C. Wu and David Lawrence III of counsel), for respondent.

Iannacci, J.P., Rivera, Wooten and Dowling, JJ., concur.


Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

In 2015, the petitioner was the subject of a report made to the New York State Central Register of Child Abuse and Maltreatment (hereinafter the State Central Register). The report was based on an incident in which the petitioner was alleged to have hit his wife in the presence of their three young children, following which his wife and...

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