Appellate Division of the Supreme Court of New York, 2009

Blythe v. Carrion

Appellate Division of the Supreme Court of New York · Decided June 23, 2009

63 A.D.3d 1059; 880 N.Y.S.2d 555

Cases that cite this one

22 later published cases cite this decision.

Johnson v. New York State Office of Children & Family Services (Appellate Division of the Supreme Court of New York 2014)
Johnson v. New York State Office of Children & Family Services (Appellate Division of the Supreme Court of New York 2014)
Frimpong-Badu v. Carrion (Appellate Division of the Supreme Court of New York 2011)
M.C. v. New York State Office of Children & Family Services (Appellate Division of the Supreme Court of New York 2012)
Senande v. Carrion (Appellate Division of the Supreme Court of New York 2011)
Reed v. Carrion (Appellate Division of the Supreme Court of New York 2011)
Ojofeitimi v. New York State Office of Children & Family Services (Appellate Division of the Supreme Court of New York 2011)
Benjamin v. Carrion (Appellate Division of the Supreme Court of New York 2010)
Saporito v. Carrion (Appellate Division of the Supreme Court of New York 2009)
Barnes v. New York State Office of Children & Family Services (Appellate Division of the Supreme Court of New York 2009)
Matter of Lopez v. New York State Off. of Children & Family Servs. (Appellate Division of the Supreme Court of New York 2016)
Matter of Iacono v. New York State Cent. Register of N.Y. State Off. of Children & Family Servs. (Appellate Division of the Supreme Court of New York 2015)
Matter of Irving v. Carrion (Appellate Division of the Supreme Court of New York 2014)
Brian M. v. New York State Office of Children & Family Services (Appellate Division of the Supreme Court of New York 2012)
Brian M. v. New York State Office of Children & Family Services (Appellate Division of the Supreme Court of New York 2012)
Andrea M. v. New York State Office of Children & Family Services (Appellate Division of the Supreme Court of New York 2012)
Andrea M. v. New York State Office of Children & Family Services (Appellate Division of the Supreme Court of New York 2012)
Marie A.P. v. Nassau County Department of Social Services (Appellate Division of the Supreme Court of New York 2012)
Marie A.P. v. Nassau County Department of Social Services (Appellate Division of the Supreme Court of New York 2012)
Esteva v. New York State Central Register of Child Abuse & Maltreatment (Appellate Division of the Supreme Court of New York 2011)
Richard R. v. Carrion (Appellate Division of the Supreme Court of New York 2009)
Febles v. Dutchess County Department of Social Services Child Protective Services (Appellate Division of the Supreme Court of New York 2009)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Office of Children and Family Services dated December 20, 2007, which, after a hearing, denied the petitioner’s application to amend and seal a report maintained in the New York State Central Register of Child Abuse and Maltreatment.

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

At an administrative expungement hearing, a report of child abuse or maltreatment must be established by a fair preponderance of the evidence (see Matter of Lee TT v Dowling, 87 NY2d 699, 703 [1996]; Matter of Valentine v New York State Cent. Register of Child Abusers & Maltreatment, 37 AD3d 249 [2007];

*1060Matter of Lynnann P. v Suffolk County Dept. of Social Servs., 28 AD3d 484, 485 [2006]; Matter of Jeannette LL. v Johnson, 2 AD3d 1261, 1262 [2003]). Judicial review of a determination that a report of child abuse or maltreatment has been substantiated is limited to whether the determination is supported by substantial evidence in the record (see Matter of Valentine v New York State Cent. Register of Child Abusers & Maltreatment, 37 AD3d at 249-250; Matter of Lynnann P. v Suffolk County Dept. of Social Servs., 28 AD3d at 485; Matter of Jeannette LL. v Johnson, 2 AD3d at 1263). Here, the Administrative Law Judge’s finding that a fair preponderance of the evidence established that the petitioner maltreated the subject child by creating a “substantial risk of physical injury ... to such child by other than accidental means” (Social Services Law § 412 [9] [b]) is supported by substantial evidence. Accordingly, the determination must be confirmed, the petition denied, and the proceeding dismissed on the merits. .

The petitioner’s remaining contentions are not properly before this Court or are without merit. Mastro, J.E, Fisher, Éng and Hall, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.