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MATTER OF CHARLES v. POOLE

7136. 159985/17.

164 A.D.3d 1148 (2018)

83 N.Y.S.3d 36

2018 NY Slip Op 06185

In the Matter of Cushaun Charles et al., Petitioners, v. Sheila Poole et al., Respondents.

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

Decided September 25, 2018.

OCFS's determination that child maltreatment by petitioners was "indicated" is not supported by substantial evidence (see Matter of Nelke v Department of Motor Vehs. of the State of N.Y., 79 A.D.3d 433 [1st Dept 2010]; see also Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443 [1987]). Petitioners were in compliance with the recommendations of the child's pediatrician during the period in question...

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