Matter of Heverly v New York State Off. of Children & Family Servs.
2010 NY Slip Op 01080 [70 AD3d 1310]
February 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


In the Matter of Marcia L. Heverly, Petitioner, v New York State Office of Children and Family Services, Respondent.

—[*1] Law Office of J. Thomas Fuoco, P.C., Angelica (J. Thomas Fuoco of counsel), for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Marlene O. Tuczinski of counsel), for respondent.

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, Allegany County [Thomas P. Brown, A.J.], entered September 15, 2009) to review a determination of respondent. The determination denied, after a fair hearing, petitioner's request to amend to unfounded indicated reports of child maltreatment, maintained in the New York State Central Register of Child Abuse and Maltreatment, and to seal those amended reports.

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