OCFS's decision to uphold ACS's finding that petitioner committed the acts of child sexual abuse against his former step-son that formed the basis of the indicated report entered in the New York State Central Register of Child Abuse and Maltreatment, was supported by the requisite fair preponderance of the evidence (see, Matter of Lee TT. v. Dowling, 87 N.Y.2d 699). Petitioner's argument that ACS failed to prove its case because it relied on hearsay is without merit (see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139; and see, Matter of Bhagoji v. Wing, 251 A.D.2d 133).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.