At page 978 Reviewing administrative findings and credibility determinations14 citing cases“will not weigh conflicting testimony or second guess the credibility determinations of the administrative factfinder”
- Matter of Jeter v. Poole, 259 N.E.3d 454 (N.Y. 2024).published Matter of R.B. , 199 AD3d at 430, citing Matter of Stephen FF. v Johnson , 23 AD3d 977, 978 [3d Dept 2005]).
- Matter of Raymond I. v. New York State Off. of Child. & Fam. Servs., 214 A.D.3d 1147 (N.Y. App. Div. 3d Dep't 2023).publishedOf Children & Family Servs. , 199 AD3d 429 , 430 [1st Dept 2021]; Matter of Stephen FF. v Johnson , 23 AD3d 977, 978-979 [3d Dept 2005]).
- Matter of R.B. v. New York State Off. of Child. & Fam. Servs., 199 A.D.3d 429 (N.Y. App. Div. 1st Dep't 2021).published Matter of Stephen FF. v Johnson , 23 AD3d 977, 978 [3d Dept 2005]).
- Matter of Pierre-Louis v. New York State Just. Ctr. for the Prot. of People with Special Needs, 182 A.D.3d 842 (N.Y. App. Div. 3d Dep't 2020).publishedFurther, this Court "'will not weigh conflicting testimony or second guess the credibility determinations of the administrative factfinder'" ( Matter of Perez v New York State Justice Ctr. for the Protection of People with Special Needs ,…
- Matter of Perez v. New York State Just. Ctr. for The Prot. of People With Special Needs, 2019 NY Slip Op 1689 (N.Y. App. Div. 3d Dep't 2019).publishedInasmuch as we " will not weigh conflicting testimony or second guess the credibility determinations of the administrative factfinder" ( Matter of Stephen FF. v Johnson , 23 AD3d 977, 978 [2005]), we find that the Justice Center's determin…
- Matter of Michael NN. v. Chenango Cnty. Dept. of Soc. Servs., 155 A.D.3d 1463 (N.Y. App. Div. 3d Dep't 2017).published In that regard, “[t]his Court will not weigh conflicting testimony or second guess the credibility determinations of the administrative factfinder” (Matter of Stephen FF. v Johnson, 23 AD3d 977, 978 [2005]).
- Matter of Bruso v. Clinton Cnty., 139 A.D.3d 1169 (N.Y. App. Div. 3d Dep't 2016).publishedSchool Dist., 14 AD3d 830, 831 [2005]). “[T]his Court will not ‘second guess the credibility determinations of the administrative factfinder’ ” (Matter of McKinney v Bennett, 31 AD3d at 861 , quoting Matter of Stephen FF. v Johnson, 23 AD3…
- Michael X. v. New York State Cent. Register of Child Abuse & Maltreatment, 77 A.D.3d 1026 (N.Y. App. Div. 3d Dep't 2010).publishedThe fact that there were minor inconsistencies in the victim’s various accounts and that petitioner denied the allegations during the hearing presented credibility determinations to be made by the Administrative Law Judge, which we see no…
- Best Batchateu v. Peters, 77 A.D.3d 1366 (N.Y. App. Div. 4th Dep't 2010).publishedAssoc. v State Div. of Human Rights, 45 NY2d 176, 180 [1978]; see Matter of Richard R. v Carrion, 67 AD3d 915 [2009]; Matter of Tonette E. v New York State Off. of Children & Family Servs., 25 AD3d 994, 995 [2006]; Matter of Stephen FF. v…
- Revella v. Felton, 60 A.D.3d 1184 (N.Y. App. Div. 3d Dep't 2009).publishedIn undertaking this inquiry, we “will not ‘second guess the credibility determinations of the administrative factfinder’ ” (Matter of McKinney v Bennett, 31 AD3d 860, 861 [2006], quoting Matter of Stephen FF. v Johnson, 23 AD3d 977, 978 [2…
Show 3 more citing cases
- Tessiero v. Bennett, 50 A.D.3d 1368 (N.Y. App. Div. 3d Dep't 2008).publishedAs petitioner’s motivation in dealing with this woman was the central issue before the Hearing Board and this Court will not “ ‘second guess the credibility determinations of the administrative factfinder’ ” (Matter of McKinney v Bennett,…
- R & B Autobody & Radiator, Inc. v. New York State Div. of Human Rights, 31 A.D.3d 989 (N.Y. App. Div. 3d Dep't 2006).publishedTo the extent that petitioners contended that Tearno fabricated the underlying allegations of sexual harassment, this presented a credibility issue for the Commissioner to resolve, and it is not the function of this Court to second-guess t…
- McKinney v. Bennett, 31 A.D.3d 860 (N.Y. App. Div. 3d Dep't 2006).publishedIn considering whether the determination is supported by substantial evidence, this Court will not “second guess the credibility determinations of the administrative factfinder” (Matter of Stephen FF. v Johnson, 23 AD3d 977, 978 [2005]; se…
v.
John A. Johnson, as Commissioner of Children and Family Services
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Tioga[*978] County) to review a determination of the Office of Children and Family Services which denied petitioner’s request to amend and seal a report maintained by the Central Register of Child Abuse and Maltreatment.
A report was filed with the Office of Children and Family Services (hereinafter OCFS) alleging that petitioner fondled his then 15-year-old daughter on several occasions during weekend visitation. OCFS investigated and determined that credible evidence established that petitioner sexually abused his daughter. As a result, the report was indicated and filed in the Central Register of Child Abuse and Maltreatment. Petitioner requested that the report be amended from indicated to unfounded and sealed. OCFS denied that request and scheduled an administrative hearing pursuant to Social Services Law § 422 (8). After the hearing, OCFS again denied petitioner’s request, prompting him to file this proceeding to annul that determination.
We confirm. Our review must focus on whether substantial evidence supports OCFS’s determination that the Tioga County Department of Social Services proved petitioner’s abuse of his daughter by a fair preponderance of the evidence (see Matter of Jeannette LL. v Johnson, 2 AD3d 1261, 1263 [2003]; Matter of Steven A. v New York State Off. of Children & Family Servs., 307 AD2d 434, 435 [2003]). Hearsay is admissible at expungement hearings and may, if relevant and probative, constitute substantial evidence to support the determination (see Matter of Jeannette LL. v Johnson, supra at 1263; Matter of Gerald G. v State of N.Y. Dept. of Social Servs., 248 AD2d 918, 919 [1998]; Matter of Ribya BB. v Wing, 243 AD2d 1013, 1014 [1997]). This Court will not weigh conflicting testimony or second guess the credibility determinations of the administrative factfinder (see Matter of Gerald G. v State of N.Y. Dept. of Social Servs., supra at 920; Matter of Kenneth VV. v Wing, 235 AD2d 1007, 1010 [1997]).
Here, the daughter’s sworn statement and caseworkers’ notes reflecting her disclosures of petitioner’s abuse established that petitioner fondled his daughter’s breasts and vagina on six or seven occasions. Although criminal charges against petitioner were adjourned in contemplation of dismissal and the abuse petition was withdrawn, these outcomes were the result of a plea arrangement, based on the daughter’s embarrassment and possible reluctance to testify, which included an order of protection prohibiting contact between petitioner and his daughter. OCFS found the testimony of petitioner and his wife denying the abuse not credible and gave reasons for these credibility findings. Based on the substantive hearsay documents, substantial evi[*979]dence supports OCFS’s determination that petitioner abused his daughter.
Cardona, P.J., Mugglin, Rose and Lahtinen, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.