Matter of Sharon W. v Soldato
2007 NY Slip Op 05883 [42 AD3d 939]
July 6, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 12, 2007


In the Matter of Sharon W., Petitioner, v Lucille A. Soldato, as Acting Commissioner of Oneida County Department of Social Services, et al., Respondents.

[*1] James R. McGraw, Syracuse (H Dana Van Hee of counsel), for petitioner.

John J. Raspante, Utica, for respondent Lucille A. Soldato, Acting Commissioner, Oneida County Department of Social Services.

Andrew M. Cuomo, Attorney General, Albany (Julie M. Sheridan of counsel), for respondent John A. Johnson, Commissioner, New York State Office of Children and Family Services.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Oneida County [John W. Grow, J.], entered August 29, 2006) to review a determination of respondent John A. Johnson, Commissioner, New York State Office of Children and Family Services. The determination denied petitioner's request to amend an indicated report of maltreatment to an unfounded report and to seal the amended report.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed. Present—Scudder, P.J., Gorski, Smith, Fahey and Green, JJ.