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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Maltreatment: Arbogast v. NYS Office of Children and Family Services

Fourth Department — Maltreatment: Arbogast v. NYS Office of Children and Family Services

Appellate Division, Fourth Department

Maltreatment

Substantial Evidence — Hearsay

Arbogast v. NYS Office of Children and Family Services
TP 14-00205
Transferred from Supreme Court, Erie County

Background: The petitioner sought review of a determination that denied her request to amend a report that indicated maltreatment with respect to her four-year-old granddaughter to an unfounded report and seal it.

Ruling: The Appellate Division confirmed the determination. The court held that the hearsay evidence of maltreatment, including testimony that the child told a nurse and a child protective services caseworker that the petitioner caused her injury, constituted substantial evidence supporting the determination.

Margaret A. Murphy of Murphy Meyers for the petitioner; Jonathan D. Hitsous of the New York State Office of the Attorney General for the respondent