Matter of Percival v Sample
2011 NY Slip Op 06707 [87 AD3d 1310]
September 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2011


In the Matter of Vicki Percival, Petitioner, v Jeanne Sample, Director, New York State Central Register, New York State Office of Children and Family Services, Respondent.

—[*1] James S. Hinman, P.C., Rochester (James S. Hinman of counsel), for petitioner.

Eric T. Schneiderman, Attorney General, Albany (Julie M. Sheridan 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, Wayne County [John B. Nesbitt, A.J.], entered January 25, 2011) to review a determination of respondent. The determination denied petitioner's request that a report maintained in the New York State Central Register of Child Abuse and Maltreatment, indicating petitioner for maltreatment be amended to unfounded and sealed.

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