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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114784
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My name is ms. Weaver and I need to know how to proceed with

Customer Question

My name is ***** ***** and I need to know how to proceed with an Article 78 I won my family court case in 2015 but ACS is insisting that the findings remain indicated. I took it to special hearings and they affirmed that it is an indicated case based on hearsay. What do i do next?
JA: Thanks. Can you give me any more details about your issue?
Customer: I had notarized statements of character refrences from my job, family and church. Theres even a notarized statement that the child made the entire accusation up. No one wants to acknowledge that. The child even lied and said that i abuse children on the job
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Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Here are the instructions for filing an Article 78 proceeding: https://www.nycourts.gov/courts/6jd/forms/SRForms/sp_howtocommence.pdf.
Here are the forms with instructions for the Article 78: https://www.nycourts.gov/courts/1jd/supctmanh/Self-Rep%20Forms/Special%20Proceeding2.pdf
So you need to take the case to the civil court and provide your evidence that the agency determination is contrary to the law and evidence and the court can and will order ACS to change their determination as instructed by the court.

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