Ribya BB. v. Wing, 243 A.D.2d 1013 (N.Y. App. Div. 3d Dep't 1997). · Go Syfert
Ribya BB. v. Wing, 243 A.D.2d 1013 (N.Y. App. Div. 3d Dep't 1997). Cases Citing This Book View Copy Cite
57 citation events (54 in the last 25 years) across 1 distinct court.
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At page 1014 Reviewing substantial evidence and conflicting testimony in expungement hearings33 citing cases“it is not within this court's discretion to weigh conflicting testimony or substitute its own judgment for that of the administrative finder of fact”16 citing courts quote it · 28 listed here
  • Matter of Johnny S. v. New York State Off. of Child. & Fam. Servs., 236 A.D.3d 1281 (N.Y. App. Div. 3d Dep't 2025).published
    Although petitioner maintained his innocence throughout the administrative proceeding, the conflicting accounts presented a credibility issue for respondent to decide, and respondent's decision not to credit petitioner's denials will remai…
  • Matter of Naomi NN. v. New York State Off. of Child. & Fam. Servs., 233 A.D.3d 1399 (N.Y. App. Div. 3d Dep't 2024).published
    We accord deference to the ALJ's assessments of credibility and are satisfied that the "sufficiently relevant and probative" hearsay evidence presented by DSS, particularly when coupled with the photographic evidence of the subject child's…
  • Matter of Destiny Q. v. Poole, 214 A.D.3d 1183 (N.Y. App. Div. 3d Dep't 2023).published
    Notably, "hearsay is admissible in expungement hearings and, if sufficiently relevant and probative, may constitute substantial evidence to support the underlying determination" ( Matter of Ribya BB. v Wing , 243 AD2d 1013, 1014 [3d Dept 1…
  • Matter of Jeffrey O. v. New York State Off. of Child. & Fam. Servs., 207 A.D.3d 900 (N.Y. App. Div. 3d Dep't 2022).published
    Register of Child Abuse & Maltreatment , 193 AD3d at 1323 ). "'[H]earsay is admissible in expungement hearings and, if sufficiently relevant and probative, may constitute substantial evidence in support of the underlying determination'" (…
  • Matter of Christopher JJ. v. Spencer, 204 A.D.3d 1193 (N.Y. App. Div. 3d Dep't 2022).published
    Register of Child Abuse & Maltreatment , 163 AD3d at 1237-1238, quoting Matter of Ribya BB. v Wing , 243 AD2d 1013, 1014 [1997]).
  • Matter of Tammy OO. v. New York State Off. of Child. & Fam. Servs., 202 A.D.3d 1181 (N.Y. App. Div. 3d Dep't 2022).published
    Register of Child Abuse & Maltreatment , 193 AD3d 1323, 1323-1324 [2021]). "[H]earsay is admissible in expungement hearings and, if sufficiently relevant and probative, may constitute substantial evidence to support the underlying determin…
  • Matter of Elizabeth W. v. Broome Cnty. Dept. of Soc. Servs., 200 A.D.3d 1153 (N.Y. App. Div. 3d Dep't 2021).published
    "Courts will generally not interfere with the credibility determinations made by an agency after a hearing and, '[i]f substantial evidence is present in the record, this Court cannot substitute [*2]its own judgment for that of the administ…
  • Matter of Warren v. New York State Cent. Register of Child Abuse & Maltreatment, Off. of Child. & Fam. Servs., 2018 NY Slip Op 6361 (N.Y. App. Div. 4th Dep't 2018).published
    Although the testimony of petitioner that she asked a neighbor to listen to the baby monitor while she was away conflicted with the evidence presented by respondent, it "is not within this Court's discretion to weigh conflicting testimony…
  • Matter of Michelle U. v. New York State Cent. Register of Child Abuse & Maltreatment, 2018 NY Slip Op 5252 (N.Y. App. Div. 3d Dep't 2018).published
    Furthermore, "where there are two conflicting accounts of events, it is not within this Court's discretion to weigh conflicting testimony or substitute its own judgment for that of the administrative finder of fact, even if a contrary resu…
  • Matter of Charlotte MM. v. Comm'r of Child. & Fam. Servs., 2018 NY Slip Op 1367 (N.Y. App. Div. 3d Dep't 2018).published
    Courts will generally not interfere with the credibility determinations made by an agency after a hearing and, "[i]f substantial evidence is present in the record, this Court cannot substitute its own judgment for that of the administrativ…
Show 18 more citing cases
  • Pitts v. New York State Off. of Child. & Fam. Servs., 128 A.D.3d 1394 (N.Y. App. Div. 4th Dep't 2015).published 2 cites
    Although the testimony of petitioner and his wife conflicted with the evidence presented by respondent, “it is not within this Court’s discretion to weigh conflicting testimony or substitute its own judgment for that of the administrative…
  • Theresa WW. v. New York State Off. of Child. & Fam. Servs., 123 A.D.3d 1174 (N.Y. App. Div. 3d Dep't 2014).published 4 cites
    To be sure, an administrative determination may, under appropriate circumstances, “be based entirely upon hearsay evidence” (Ma tter of Doctor v New York State Off. of Alcoholism & Substance Abuse Servs., 112 AD3d 1020 , 1022 [2013]), and…
  • MatterofTheresaWW.vNewYorkStateOfficeofChildrenandFamilyServices, No. 518066 (N.Y. App. Div. 3d Dep't Dec. 4, 2014).published 2 cites
    To be sure, an administrative determination may, under 2 The remaining foster child was three years old at the time of the investigation and did not respond to the caseworker's attempt to speak with her. -4- 518066 appropriate circumstance…
  • Arbogast v. New York State Off. of Child. & Fam. Servs., 119 A.D.3d 1454 (N.Y. App. Div. 4th Dep't 2014).published 2 cites
    Although the testimony of petitioner and her sister conflicted with the evidence presented by respondent, “it is not within this Court’s discretion to weigh conflicting testimony or substitute its own judgment for that of the administrativ…
  • Crandall v. New York State Off. of Child. & Fam. Servs., 104 A.D.3d 1199 (N.Y. App. Div. 4th Dep't 2013).published 2 cites
    Although petitioner’s account of the events conflicted with the evidence presented by respondent, “it is not within this Court’s discretion to weigh conflicting testimony or substitute its own judgment for that of the administrative finder…
  • Lynnann P. v. Suffolk Cnty. Dep't of Soc. Servs., 28 A.D.3d 484 (N.Y. App. Div. 2d Dep't 2006).published
    Dept, of Social Servs., 248 AD2d 380, 382 [1998]; Matter of Ribya BB. v Wing, 243 AD2d 1013, 1014 [1997]).
  • Tonette E. v. New York State Off. of Child. & Fam. Servs., 25 A.D.3d 994 (N.Y. App. Div. 3d Dep't 2006).published
    Off. of Children & Family Servs., 284 AD2d 777, 777 [2001]; Matter of Ribya BB. v Wing, 243 AD2d 1013, 1014 [1997]) and will constitute substantial evidence if, as here, it is found to be relevant and sufficiently probative (see Matter of…
  • Stephen FF. v. Johnson, 23 A.D.3d 977 (N.Y. App. Div. 3d Dep't 2005).published
    Dept. of Social Servs., 248 AD2d 918, 919 [1998]; Matter of Ribya BB. v Wing, 243 AD2d 1013, 1014 [1997]).
  • Debra W. v. Johnson, 20 A.D.3d 758 (N.Y. App. Div. 3d Dep't 2005).published 2 cites
    Indeed, although petitioner claims that she told the father that the mother was not to have contact with the child, she did not inform anyone else at the father’s residence of this restriction and the mother ultimately entered the residenc…
  • Pluta v. New York State Off. of Child. & Fam. Servs., 17 A.D.3d 1126 (N.Y. App. Div. 4th Dep't 2005).published
    That is true even of the double hearsay statement challenged by petitioner (see Matter of Ribya BB. v Wing, 243 AD2d 1013, 1014 [1997]).
  • Jeannette LL. v. Johnson, 2 A.D.3d 1261 (N.Y. App. Div. 3d Dep't 2003).published 3 cites
    Where conflicting versions of events create credibility issues, it is the Commissioner’s responsibility to resolve them, and that assessment will not be disturbed as long as it is supported by substantial evidence (see Matter of Ribya BB.…
  • Emerson v. New York State Off. of Child. & Fam. Servs., 148 A.D.3d 1627 (N.Y. App. Div. 4th Dep't 2017).published 2 cites
    It “ ‘is not within this Court’s discretion to weigh conflicting testimony or substitute its own judgment for that of the administrative finder of fact’ ” (Matter of Pitts v New York State Off. of Children & Family Servs., 128 AD3d 1394 ,…
  • Saporito v. Carrion, 66 A.D.3d 912 (N.Y. App. Div. 2d Dep't 2009).published
    Dept. of Social Servs., 248 AD2d at 382 ; see Matter of Ribya BB. v Wing, 243 AD2d 1013, 1014 [1997]).
  • Sandra V. v. Monroe Cnty. Dep't of Soc. Servs., 9 A.D.3d 891 (N.Y. App. Div. 4th Dep't 2004).published
    Contrary to petitioner’s contention, the hearsay evidence of maltreatment is “sufficiently relevant and probative . . . [to] constitute substantial evidence supporting the result” (Jeannette LL., 2 AD3d at 1263 ; see Matter of Ribya BB. v…
  • Steven A. v. New York State Off. of Child. & Fam. Servs., 307 A.D.2d 434 (N.Y. App. Div. 3d Dep't 2003).published
    In reviewing this administrative determination “our focus is whether the determination is rational and supported by substantial evidence” (Matter of Gerald G. v State of New York Dept. of Social Servs., 248 AD2d 918, 919 [1998]; see Matter…
  • Arbogast, Joy v. NYS Off. of Child. & Fam., No. TP 14-00205 (N.Y. App. Div. 4th Dep't July 11, 2014).published
  • Pitts, Tyrone v. New York State Off. of Child., No. TP 14-01876 (N.Y. App. Div. 4th Dep't May 1, 2015).published
  • Crandall, Ronald v. NYS Off. of Child. & Fam. S, No. TP 12-01555 (N.Y. App. Div. 4th Dep't Mar. 15, 2013).published
At page 1013 Review of child maltreatment record expungement hearing3 citing casesSpain, J. Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination…opening of page *1013 (no citing court says what it cites this page for) · 2 listed here
  • Cheryl Z. v. Carrion, 119 A.D.3d 1109 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    Given the child’s young age, his known history of wandering away from supervising adults and the close proximity and accessability of a dangerous roadway, and crediting the testimony that petitioner left the child unattended while she went…
  • MatterofCherylZ.vCarrion, No. 517183 (N.Y. App. Div. 3d Dep't July 10, 2014).published
    Given the child's young age, his known history of wandering away from supervising adults and the close proximity and accessability of a dangerous roadway, and crediting the testimony that petitioner left the child unattended while she went…
Other citing cases1 with no pin cite or quoted language on record
In the Matter of Ribya BB.
v.
Brian Wing, as Commissioner of the New York State Department of Social Services
Appellate Division of the Supreme Court of the State of New York.
Oct 30, 1997.
Published opinion
243 A.D.2d 1013
1997 N.Y. App. Div. LEXIS 10886
Spain.
Cited by 45 opinions  |  Published
Spain, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which denied petitioner’s request to have her name expunged from the State Central Register of Child Abuse and Maltreatment.

Petitioner is the mother of a severely disabled and autistic child in need of constant supervision. In November 1994, when the child was six years old, petitioner engaged a caregiver from a local charitable organization to take care of the child in the mornings before school while petitioner was at work. On three occasions within one week petitioner allegedly left her child alone in her apartment before the caregiver arrived, which resulted in an indicated report of child maltreatment on the State Central Register of Child Abuse and Maltreatment (hereinafter Central Register). Petitioner later claimed that her cousin was staying at her apartment watching the child during the times in question and requested that her name be expunged from the Central Register. An administrative review was conducted and it was concluded that there was “some credible evidence as well as a fair preponderance” of evidence supporting the finding of maltreatment; petitioner’s request was denied.

A subsequent expungement hearing was held pursuant to Social Services Law § 422 before an Administrative Law Judge (hereinafter ALJ) at which testimony was heard from a child protective caseworker from the Albany County Department of Social Services, petitioner, a neighbor of petitioner and the cousin. The child protective worker testified that the source of his knowledge of petitioner’s alleged acts of maltreatment was not firsthand but from a phone conversation he had with the[*1014] supervisor of the caregiver, in which the supervisor reported to him that the basis of her knowledge was a report from the caregiver that petitioner had left the child alone on three specific occasions. Neither the caregiver nor her supervisor testified at the hearing. The ALJ found petitioner’s testimony and her cousin’s testimony to be lacking in credibility, and concluded that maltreatment had been established by some credible evidence and by a preponderance of the evidence. Thereafter, petitioner’s expungement request was denied by respondent; she then commenced this proceeding to annul that determination.

We confirm. In our view, the record contains sufficient substantial evidence to support respondent’s determination (see, CPLR 7803 [4]). It is well settled that an administrative agency’s determination will not be disturbed so long as it is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 179-181; Matter of Golden v Department of Social Servs., 155 AD2d 853). Moreover, where there are two conflicting accounts of events, it is not within this Court’s discretion to weigh conflicting testimony or substitute its own judgment for that of the administrative finder of fact, even if a contrary result is viable (see, Matter of Kenneth VV. v Wing, 235 AD2d 1007, 1009-1010; see also, Matter of Berenhaus v Ward, 70 NY2d 436, 444). Significantly, hearsay is admissible in expungement hearings and, “if sufficiently relevant and probative, may constitute substantial evidence to support the underlying determination” (Matter of Robert OO. v Dowling, 217 AD2d 785, 786, affd 87 NY2d 1043; see, Prevost v New York State Dept. of Social Servs., 161 AD2d 934, 935; see also, People ex rel. Vega v Smith, 66 NY2d 130, 139; Matter of Di Maria v Ross, 52 NY2d 771, 772).

Upon our review of the record, we conclude that the double hearsay evidence introduced at the hearing was sufficiently relevant and probative to the inquiry of whether petitioner left the child unattended on the dates in question (see, Matter of Kenneth VV. v Wing, supra, at 1009-1010; see also, Matter of Robert OO. v Dowling, supra, at 786; compare, People v Gonzalez, 80 NY2d 883). Petitioner admitted at the hearing that she left her apartment on all three occasions before the caregiver arrived; notably, it was only after the indicated report was made that she claimed her cousin was in the apartment. Petitioner’s cousin was unable to confirm the dates he was allegedly at petitioner’s apartment, and his testimony regarding the time petitioner left for work and the physical layout of the apartment was inconsistent with petitioner’s testimony. This[*1015] evidence, coupled with petitioner’s admission that the caregiver was always late thereby causing petitioner problems at work, including a suspension, could lead to the rational inference that petitioner had left the child unattended on these occasions to avoid being late for work.

We also reject, as lacking in merit, petitioner’s contention that her alleged acts of maltreatment are not reasonably related to the employment of petitioner in the child-care treatment field as found by respondent (see, Social Services Law § 422 [8] [c] [ii]). Petitioner admitted that she knew her child was severely disabled and autistic and could never be left unattended, yet she was proven to have done so on at least three occasions. We further conclude that the determinations of maltreatment are also reasonably relevant in any future adoption or foster care decisions regarding petitioner (see generally, Matter of Lee TT. v Dowling, 87 NY2d 699).

Mikoll, J. P., Crew III, White and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.