Legal Opinion

DeLeon v. Department of Social Services

Massachusetts Superior Court

Decided July 2, 2008No. 070448BPublished

1Opinion of the Court

Roach, Christine M., J.

This is a petition for judicial review, pursuant to G.L.c. 30A, §14, of a decision and order of the Department of Social Services (DSS) supporting allegations of plaintiffs neglect of four children *335living in his home. Both parties filed motions for judgment on the pleadings. Following a hearing on May 13, 2008 and full review of the record, the DSS Motion is GRANTED and Plaintiffs Motion is DENIED.

Standard of Review

A finding of an agency must be supported “by substantial evidence” to withstand judicial review. G.L.c. 30A, §14(7)(e). Substantial evidence exists where…

2Cases cited12 opinions

  1. New Boston Garden Corp. v. Board of AssessorsMassachusetts Supreme Judicial Court · 1981
  2. Lisbon v. Contributory Retirement Appeal BoardMassachusetts Appeals Court · 1996
  3. City of Cambridge v. Civil Service CommissionMassachusetts Appeals Court · 1997
  4. Custody of VaughnMassachusetts Supreme Judicial Court · 1996
  5. Doherty v. Retirement Board of MedfordMassachusetts Supreme Judicial Court · 1997

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