Legal Opinion

Parker v. Carrion

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

Decided December 15, 2011PublishedCited by 8 opinions

1Opinion of the Court

“A report of child abuse or maltreatment must be established, at an administrative expungement hearing, by a fair preponderance of the evidence (Matter of Lee TT. v Dowling, 87 NY2d 699 [1996]). Upon judicial review, the inquiry is limited to whether the administrative determination is supported by substantial evidence in the record” (Matter of Valentine v New York State Cent. Register of Child Abusers & Maltreatment, 37 AD3d 249, 249-250 [2007]).

Here, OCFS’ determination that respondent New York City Administration for Children’s Services (ACS) proved by a fair preponderance of the evidence…

2Cases cited5 opinions

  1. MATTER OF LEE TT. v. DowlingNew York Court of Appeals · 1996
  2. Bauer v. New York State Office of Children & Family ServicesAppellate Division of the Supreme Court of the State of New York · 2008
  3. Pluta v. New York State Office of Children & Family ServicesAppellate Division of the Supreme Court of the State of New York · 2005
  4. Valentine v. New York State Central Register of Child Abusers & MaltreatmentAppellate Division of the Supreme Court of the State of New York · 2007
  5. Khalil v. New York State Central Register of Child Abuse & MistreatmentAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by8 opinions

  1. Markman v. CarrionAppellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Gargano v. New York State Off. of Children & Family Servs.Appellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Fields v. New York State Off. of Children & Family Servs.Appellate Division of the Supreme Court of the State of New York · 2021
  4. Matter of Fields v. New York State Off. of Children & Family Servs.Appellate Division of the Supreme Court of the State of New York · 2021
  5. MARKMAN, KEVIN v. CARRION, GLADYSAppellate Division of the Supreme Court of the State of New York · 2014

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