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In the Matter of VINCENT KK., Petitioner, v. STATE OF NEW YORK OFFICE OF CHILDREN AND FAMILY SERVICES, Respondent. Fictitious name.

MEMORANDUM AND JUDGMENT

Crew III, J.

Petitioner contends that respondent failed to prove by the required "fair preponderance of the evidence" (Matter of Lee TT. v. Dowling, 87 N.Y.2d 699, 712) that the corporal punishment he inflicted upon his daughter constituted an act of child maltreatment. Specifically, petitioner challenges the fact that such finding was based almost exclusively upon hearsay evidence. Suffice it to say that hearsay evidence is clearly admissible at all administrative hearings, including expungement hearings (see, Matter of Bullock v. State of New York Dept. of Social Servs., 248 A.D.2d 380, 382). Of particular note here is that petitioner admitted to investigating Social Services caseworkers, and testified at the hearing as well, that he struck his daughter four times with a belt. Other evidence at the hearing demonstrated that the blows resulted in bruising to the child's arms and legs. Such conduct previously has been held to constitute excessive corporal punishment justifying denial of expungement of a maltreatment report (see, Matter of Golden v. Department of Social Servs. of Broome County, 155 A.D.2d 853, 854; see also, Matter of Johannah QQ. [Frederick QQ.], 266 A.D.2d 769, 770).

Cardona, P.J., Spain, Mugglin and Lahtinen, JJ., concur.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

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VINCENT KK. v. STATE OFFICE OF CH., F. SVCS
(Jun 21, 2001)