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McREYNOLDS v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, First Department.
May 17, 2005
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The findings of abuse made by Family Court in its Family Court Act article 10 fact-finding order dated March 16, 1995 are identical to the reports in the Central Registry that petitioner seeks to expunge. Since petitioner does not show that he was denied a full and fair opportunity to litigate the issues raised in the Family Court, and since the petitioner's burden of proof in the Family Court proceeding was a preponderance of the evidence (Family Ct Act ยง 1046 [b] [i]), respondent correctly concluded that by reason of collateral estoppel, the reporting agency had established by a fair preponderance of the evidence ( see Matter of Lee TT. v. Dowling, 87 NY2d 699, 712) that the five reports in the Central Registry were substantiated ( see Jeffreys v. Griffin, 1 NY3d 34, 39). We have considered petitioner's remaining contentions and find them to be without merit.