Legal Question in Employment Law in New York

Section 424-a of the Social Services Law
I was recently notified that after an investigation by the NYS Child Abuse and Maltreatment Registrar on a report of suspected neglect at my workplace (a residence for developmentally disabled young adults), the report was found as ''indicted.'' This means that there was found to be credible evidence that I allowed abuse or neglect to occur. I was fired from my workplace, a state agency, during the investigation - but before it was concluded.

Since, I have requested a copy of what is contained in the state registrar, now that I have been ''indicted,'' and all I received was a sheet with the list of principles involved in the case, me and the ''victim'' and his mother. One question I have here is that they have my first name listed correctly - but not my last name (they have the last name of another employee). So, is it worth even appealing to get it expunged - because they have my name completely wrong will it even be connected to me in the registrar at all?

Asked on 4/06/09, 12:54 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

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Re: Section 424-a of the Social Services Law

You must be very careful whatever you do: this may result in criminal prosecution, and the indicated finding can cause you a great deal of difficulty all by itself. If there is an error regarding your name, by all means correct it, but unless you have a situation of mistaken identity, dont rely on that as grounds for succees.

You MUST sit down and discuss this with an attorney.

Answered on 5/02/09, 8:36 pm

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