Proceeding pursuant to CPLR article 78
After petitioner called law enforcement because her grandchild, who was two years and four months old, had wandered away from her front yard, police officers responded to the vicinity of petitioner’s home and, shortly thereafter, found the child unharmed and by himself near a parking lot approximately 200 yards from the home. Following an investigation, a report was indicated against petitioner for maltreatment of the child. Petitioner thereafter requested that the Office of Children and Family Services amend the report to unfounded and, upon a denial of her request, an administrative hearing was held pursuant to Social Services Law § 422 (8). At the conclusion of that hearing, the Administrative Law Judge (hereinafter ALJ) sustained the finding of maltreatment and denied petitioner’s request to amend and expunge the indicated report. Petitioner then commenced this proceeding.
Substantial evidence supports the finding of maltreatment. In order to establish maltreatment, the agency was required “to demonstrate by a fair preponderance of the evidence that ‘the child’s physical, mental or emotional condition ha[d] been impaired or [was] in imminent danger of becoming impaired as a result of the [caregiver’s] failure to exercise a minimum degree of care’ ” in providing the child with appropriate supervision (Matter of Anne FF. v New York State Off. of Children & Family Servs., 85 AD3d 1289, 1290-1291 [2011], quoting Matter of Tonette E. v New York State Off. of Children & Family Servs., 25 AD3d 994, 995 [2006]; see 18 NYCRR 432.1 [b] [1] [ii]). Upon review of such an administrative determination, “this Court’s inquiry is limited to whether the decision is rational and supported by substantial evidence” (Matter of Kenneth VV. v Wing, 235 AD2d 1007, 1008 [1997]; see Matter of Gerald G. v State of N.Y. Dept. of Social Servs., 248 AD2d 918, 919 [1998]). A determination is supported by substantial evidence “when reasonable minds could adequately accept the conclusion or ultimate fact based on the relevant proof’ (Matter of Kenneth W. v Wing, 235 AD2d at 1008; accord Matter of Steven A. v New York State Off. of Children & Family Servs., 307 AD2d 434, 435 [2003]).
The parties do not dispute that, on the day in question, the child left the front yard while under petitioner’s care. Although petitioner’s home is at the end of a dead-end street, testimony
Petitioner’s contentions regarding certain evidentiary admissions and the ALJ’s questioning of her are also without merit. Generally, this Court will annul an administrative determination based on an erroneous evidentiary ruling “[o]nly in the event that [such a] ruling renders the entire proceeding fundamentally unfair” (Matter of Sunnen v Administrative Rev. Bd. for Professional Med. Conduct, 244 AD2d 790, 792 [1997], lv denied 92 NY2d 802 [1998]; see Matter of Gonzalez v New York State Dept. of Health, 232 AD2d 886, 889 [1996], lv denied
Adjudged that the determination is confirmed, without costs, and petition dismissed.
