Opinion
November 13, 1998
Appeal from Order of Supreme Court, Livingston County, Cicoria, J.)
Present — Denman, P. J., Hayes, Wisner, Callahan and Boehm, JJ.
Determination unanimously annulled on the law without costs and petition granted. Memorandum: In this CPLR article 78 proceeding transferred to our Court pursuant to CPLR 7804 (g), petitioner challenges the determination, made following a fair hearing, that denied his application to expunge a report to the State Central Register indicating that petitioner had maltreated his teenaged daughter ( see, Social Services Law § 422). Upon our review of the record, we conclude that the Livingston County Department of Social Services failed to prove maltreatment by a fair preponderance of the evidence ( see, Matter of Lee TT. v. Dowling, 87 N.Y.2d 699, 712, rearg denied sub nom. Matter of Joel P. v. Bane, 88 N.Y.2d 920; Matter of John F. v. Dowling, 224 A.D.2d 964). Thus, the determination must be annulled and the indicated report expunged.