Appellate Division, Fourth Department
Substantial Evidence — Hearsay
Arbogast v. NYS Office of Children and Family Services
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