MATTER OF JETER v. POOLE

Index No. 150803/21, Appeal Nos. 16219, M-01881, Case No. 2021-01779.

206 A.D.3d 556 (2022)

171 N.Y.S.3d 98

2022 NY Slip Op 04121

In the Matter of Shani Jeter, Petitioner, v. Sheila Poole, as Commissioner of the New York State Office of Children and Family Services, et al., Respondents.

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

Decided June 28, 2022.


Attorney(s) appearing for the Case

Lansner & Kubitschek, New York ( Carolyn A. Kubitschek of counsel), for petitioner.

Letitia James , Attorney General, New York ( Elizabeth A. Brody of counsel), for Sheila Poole, respondent.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Rebecca L. Visgaitis of counsel), for Administration for Children's Services, respondent.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York ( Erin Morgan and Audra J. Soloway of counsel), for amici curiae.

Concur—Manzanet-Daniels, J.P., Oing, González, Scarpulla, Higgitt, JJ.


The determination 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 sufficient evidence that petitioner struck the subject child with an extension cord, given the child's consistent...

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