Matter of Gwen Y. v. New York State Office of Children and Family Services

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Greene County) to review a determination of respondent denying petitioner’s application to have a report maintained by the Central Register of Child Abuse and Maltreatment amended to be unfounded and expunged.

On the afternoon of May 3, 2012, petitioner put her three young children down for a nap. Shortly thereafter, petitioner’s youngest daughter (hereinafter the child), who then was 2V2 years old, called out and indicated that she had “pooped.” Petitioner did not immediately respond,…