Matter of Pope v New York State Off. of Children & Family Servs.
2009 NY Slip Op 04568 [63 AD3d 1614]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


In the Matter of Mary Pope, Petitioner, v New York State Office of Children and Family Services et al., Respondents.

[*1] Tronolone & Surgalla, P.C., Buffalo (John B. Surgalla of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Zainab A. Chaudhry of counsel), for respondents New York State Office of Children and Family Services and New York State Central Register of Child Abuse and Maltreatment.

Joseph T. Jarzembek, Buffalo, for respondent Erie County Department of Social 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, Erie County [Joseph G. Makowski, J.], entered June 5, 2008) to review a determination of the Commissioner of respondent New York State Office of Children and Family Services. The determination, after a hearing, denied the application of petitioner to amend an indicated report of child maltreatment to an unfounded report and to seal the amended report.

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