Opinion
2001-06482
Submitted March 25, 2002.
April 22, 2002.
Proceeding pursuant to CPLR article 78 to review a determination of John A. Johnson, Commissioner of State of New York Office of Children and Family Services, dated May 19, 2000, which, after a hearing, found that the petitioner had committed an act of maltreatment of her son and that such maltreatment was relevant and reasonably related to child care employment.
Wolfson Grossman, Westbury, N.Y. (Mary T. Lucere of counsel), for appellant.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and David Lawrence III of counsel), for respondent John A. Johnson, Commissioner of New York State Office of Children and Family Services.
Lorna B. Goodman, County Attorney, Mineola, N.Y. (Maureen A. Gest of counsel), for respondent Robert Sherman, Commissioner of Nassau County Department of Social Services.
Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, BARRY A. COZIER, JJ.
ADJUDGED that the petition is granted, on the law, without costs or disbursements, and the determination is annulled.
The record lacks substantial evidence to support the determination.
S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and COZIER, JJ., concur.