| Matter of Christine Y. v Carrion |
| 2010 NY Slip Op 06038 [75 AD3d 831] |
| July 8, 2010 |
| Appellate Division, Third Department |
| In the Matter of Christine Y., Petitioner, v Gladys Carrion, asCommissioner of Children and Family Services, et al., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Paul Groenwegen of counsel), forrespondents.
Egan Jr., J. Proceeding pursuant to CPLR article 78 (transferred to this Court by order of theSupreme Court, entered in Saratoga County) to review a determination of the Office of Childrenand Family Services which denied petitioner's application to have a report maintained byrespondent Central Register of Child Abuse and Maltreatment amended to be unfounded andexpunged.
In 2007, petitioner and her three-year-old son attended a party at her boyfriend's house.Intending to stay the night, petitioner consumed alcohol. After midnight, her son awoke andbecame disruptive, and her boyfriend angrily ordered her to take her son elsewhere. She electedto drive home with her son and, after a State Trooper observed her swerving, she was pulledover, found to have a blood alcohol concentration of .09%, and ultimately pleaded guilty to acharge of driving while ability impaired. A hotline report was also made regarding the incident.Following an investigation by the Saratoga County Department of Social Services, the reportwas marked "indicated" for maltreatment and filed with respondent Central Register of ChildAbuse and Maltreatment. After a hearing, the Office of Children and Family Services deniedpetitioner's request to amend the report to "unfounded" and this CPLR article 78 proceeding[*2]resulted.
Maltreatment occurs where a child's "physical, mental or emotional condition has beenimpaired or is in imminent danger of becoming impaired as a result of the failure of his [or her]parent . . . to exercise a minimum degree of care . . . in providing [himor her] with proper supervision or guardianship, by unreasonably inflicting or allowing to beinflicted harm, or a substantial risk thereof" (18 NYCRR 432.1 [b] [1]; see Matter of Washington v New YorkState Off. of Children & Family Servs., 55 AD3d 1117, 1118 [2008]; Matter of Stephen C. v Johnson, 39AD3d 932, 933 [2007], lv denied 9 NY3d 804 [2007]). If the agency's determinationthat maltreatment occurred is supported by substantial evidence, this Court must confirm it, evenif a different result could also be supported by the record (see Matter of Stephen C. vJohnson, 39 AD3d at 933). Here, petitioner failed to properly care for her son, and placedhim in imminent danger of physical injury when she attempted to drive him home while herability to do so was impaired by alcohol (see Matter of Megan G., 291 AD2d 636, 639[2002]; Matter of Katie R., 251 AD2d 698, 700 [1998], lv denied 92 NY2d 809[1998]). Thus, the administrative determination is supported by substantial evidence.
Cardona, P.J., Peters, Spain and McCarthy, JJ., concur. Adjudged that the determination isconfirmed, without costs, and petition dismissed.