N.Y. Comp. Codes R. & Regs. tit. 10 § 81.6 : DEPARTMENT OF HEALTH — Administrative Rules and Regulations — Hospitals and Related Facilities — Residential Health Care Facilities; Patient Abuse — Hearing

(a) Any time within 30 days of the receipt of a copy of a determination made pursuant to this Part, a person named in such determination as having committed an act of physical abuse, neglect or mistreatment, or as having failed to report such an incident, may request in writing that the commissioner amend or expunge the record of such report, to the extent such report applies to such person, or such written determination.
(b) If the commissioner does not comply with such request within 30 days, such person shall have the right to a fair hearing to determine whether the record of the report or the written determination should be amended or expunged on the grounds that the record is inaccurate or the determination is not supported by the evidence.
(c) The burden of proof in such hearing shall be on the department.
(d) Whenever information is expunged, the commissioner shall notify any official notified pursuant to this Part that the information has been expunged.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 81.6