Delehanty v. Delaware County Department of Social Services

OPINION OF THE COURT

Carl J. Mugglin, J.

In this CPLR article 78 proceeding, the petitioner seeks judicial review in the nature of mandamus of a determination made by the Delaware County Department of Social Services, Child Protective Services (hereinafter CPS). Additionally, the petitioner seeks authorization to proceed as a poor person.

The petitioner, on December 16, 1994, caused to report to the New York State Child Abuse and Maltreatment Register that her daughter was sexually abused by her estranged husband during a period of visitation. The alleged sexual abuse occurred in the State of…