Legal Opinion

Clarke v. New York State Office of Children & Family Services

Appellate Division of the Supreme Court of the State of New York

Decided January 12, 2012PublishedCited by 8 opinions

1Opinion of the Court

Substantial evidence supports respondent’s findings that petitioner violated relevant regulations, including refusing to cooperate and allow access to the home (18 NYCRR 416.15 [a] [10]), and by not having the proper number of caregivers present for each child under the age of two years old (18 NYCRR 416.8 [d] [2]), and that such violations placed the children’s health, safety and welfare in imminent danger (see Matter of Seemangal v New York State Off. of Children & Family Servs., 49 AD3d 460 [2008]). There exists no basis to disturb the credibility determinations of the Administrative Law…

2Cases cited3 opinions

  1. Berenhaus v. WardNew York Court of Appeals · 1987
  2. Grady v. New York State Office of Children & Family ServicesAppellate Division of the Supreme Court of the State of New York · 2007
  3. Seemangal v. New York State Office of Children & Family ServicesAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by8 opinions

  1. Malak v. StateAppellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Lopez v. New York State Off. of Children & Family Servs.Appellate Division of the Supreme Court of the State of New York · 2023
  3. Matter of Lopez v. New York State Off. of Children & Family Servs.Appellate Division of the Supreme Court of the State of New York · 2023
  4. Simpson v. New York State Office of Children & Family ServicesAppellate Division of the Supreme Court of the State of New York · 2012
  5. Malak v. StateAppellate Division of the Supreme Court of the State of New York · 2014

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