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COMM. DEPT. OF SOC. SER. v. FULTON

Record No. 0152-09-1.

683 S.E.2d 837 (2009)

55 Va. App. 69

COMMISSIONER, VIRGINIA DEPARTMENT OF SOCIAL SERVICES v. Timothy J. FULTON.

Court of Appeals of Virginia, Chesapeake.

October 13, 2009.

Attorney(s) appearing for the Case

Cheryl A. Wilkerson, Senior Assistant Attorney General (William C. Mims, Attorney General; David E. Johnson, Deputy Attorney General; Kim F. Piner, Senior Assistant Attorney General, on briefs), for appellant.

Melinda R. Glaubke (Slipow, Robusto & Kellam, on brief), Virginia Beach, for appellee.

Present: FELTON, C.J., FRANK and POWELL, JJ.

POWELL, Judge.

The Commissioner of the Virginia Department of Social Services (DSS) appeals from a decision of the Circuit Court of the City of Virginia Beach (circuit court) finding that there is not substantial evidence in the agency's record to support its March 4, 2004 "founded disposition" and ordering that this decision be amended to "unfounded" and that all records concerning the investigation and disposition of...

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