MEMORANDUM AND ORDER
It is hereby ORDERED that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.
Memorandum:
Petitioner commenced this CPLR article 78 proceeding seeking to annul an administrative determination denying petitioner's application to amend an indicated report of maltreatment of petitioner's daughter to provide that the report of maltreatment was unfounded. Contrary to petitioner's contention, hearsay is admissible in administrative proceedings and thus the Administrative Law Judge (ALJ) properly relied upon hearsay evidence at the fair hearing ( see, Matter of Robert OO. v. Dowling, 217 A.D.2d 785, 786, affd 87 N.Y.2d 1043; Matter of Vincent KK. v. State of New York Off. of Children Family Servs., 284 A.D.2d 777; Matter of Gerald G. v. State of New York Dept. of Social Servs., 248 A.D.2d 918, 919; Matter of Kenneth VV. v. Wing, 235 A.D.2d 1007, 1010). Upon our review of the record, we perceive no basis to disturb the ALJ's determination that maltreatment was established by a fair preponderance of the evidence ( see, Matter of Gerald G. v. State of New York Dept. of Social Servs., supra, at 919-920; Matter of Ribya BB. v. Wing, 243 A.D.2d 1013, 1014; Matter of Kenneth VV. v. Wing, supra, at 1008-1009). Where, as here, there is a rational basis for the agency's determination and it is supported by substantial evidence, "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, supra, at 1008-1009). We have examined petitioner's remaining contentions and conclude that they are without merit.