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MATTER OF CHORNEY v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES

5241, 101123/15.

157 A.D.3d 437 (2018)

68 N.Y.S.3d 449

2018 NY Slip Op 00063

In the Matter of MICHAEL CHORNEY, Petitioner, v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 4, 2018.

The determination is supported by substantial evidence (see Matter of Parker v Carrion, 90 A.D.3d 512 [1st Dept 2011]; Matter of Irving v Carrion, 120 A.D.3d 500, 500 [2d Dept 2014]).

Respondent met its burden of proving maltreatment by petitioner by a preponderance of the evidence. The out-of-court statements of then 3½-year-old child, T.W., that petitioner kicked him during...

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