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MATTER OF RIEL v. STATE, OFFICE OF CHILDREN AND FAMILY SERVICES

9842, 451416/18.

175 A.D.3d 1166 (2019)

109 N.Y.S.3d 233

2019 NY Slip Op 06575

In the Matter of Joanne B. Riel, Appellant, v. State of New York Office of Children and Family Services et al., Respondents.

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

Decided September 17, 2019.

Attorney(s) appearing for the Case

Janet Sabel , The Legal Aid Society, New York ( Karen Cacace of counsel), for appellant.

Letitia James , Attorney General, New York ( Blair J. Greenwald of counsel), for respondents.

Concur—Sweeny, J.P., Manzanet-Daniels, Webber, Kern, JJ.

The facts are essentially set forth in the dissent and will not be referenced here except where necessary for clarification or amplification.

The first issue to be decided is whether the agency's decision is supported by substantial evidence.

A court's review of an agency determination made after an administrative hearing is limited to whether the challenged determination is supported by substantial evidence (Matter of O'Rourke v Kirby,

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