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 the Office of Children and Family Services which denied petitioner’s application to have a report maintained by the Central Register of Child Abuse and Maltreatment amended to be unfounded and expunged.
Petitioner is the father of a girl and a boy, who at the time relevant herein were ages six and five, respectively. On August 13, 2003, respondent Schenectady County Department of Social
Based on the caseworkers’ observations, a report was “indicated” for maltreatment by petitioner of his son for lack of supervision and inadequate guardianship. Petitioner’s name was placed in the Central Register of Child Abuse and Maltreatment. He requested the report be amended to unfounded. The Office of Children and Family Services determined that the report was supported and, following a hearing, an Administrative Law Judge denied petitioner’s request to amend the report to unfounded and seal the record. This proceeding ensued.
“To establish that maltreatment occurred, the agency must show that the child’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the parent’s failure to exercise a minimum degree of care” (Matter of Tonette E. v New York State Off. of Children & Family Servs., 25 AD3d 994, 995 [2006] [citations omitted]; see 18 NYCRR 432.1 [b] [1]). At the agency hearing, this showing must be made by a fair preponderance of the evidence (see Matter of Matthew WW. v Johnson, 20 AD3d 669, 671 [2005]) and, upon our review, we consider whether the administrative determination is supported by substantial evidence (see Matter of Steven A. v New York State Off. of Children & Family Servs., 307 AD2d 434, 435 [2003]). If substantial evidence is present in the record, “this Court cannot substitute its own judgment for that of the administrative agency, even if a contrary result is viable” (Matter of Kenneth VV. v Wing, 235 AD2d 1007, 1009 [1997]).
Here, there was proof that the young children were left alone by petitioner with no way of communicating with him for up to 30 minutes. Although petitioner contended that he had visual contact with the house at all times, the Administrative Law
The remaining issues have been considered and found unavailing.
Crew III, J.P, Peters, Mugglin and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
