Clear Your Name and Fight Back Against an Indicated Report — Gilmer Law Firm, PLLC Can Help

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If you’ve been wrongfully listed on the New York State Central Register of Child Abuse and Maltreatment (SCR), you are not alone — and you’re not out of options. At Gilmer Law Firm, PLLC, we specialize in helping parents, caregivers, teachers, and childcare professionals across Brooklyn and New York City fight back through Article 78 appeals.

Whether the Office of Children and Family Services (OCFS) denied your fair hearing request to amend or seal an indicated report, or your due process rights were violated, we are here to stand up for you — and clear your record.

What Is an Article 78 Proceeding?

An Article 78 proceeding is a special legal action filed in New York State Supreme Court to challenge the final decision of a government agency — including OCFS. If you received an unfavorable ruling after a fair hearing, such as a denial of your request to expunge an indicated report, you have the right to ask a judge to review that decision for fairness, legal errors, and procedural violations.

These cases are time-sensitive, require strict procedural compliance, and may ultimately be transferred to the Appellate Division if the case involves a question of whether the OCFS decision is supported by “substantial evidence.”

Common Grounds for Challenging an OCFS Indicated Report

We help clients challenge OCFS decisions based on:

  • Lack of substantial evidence to support the finding of abuse or maltreatment
  • Procedural violations during your fair hearing
  • Improper denial of evidence or testimony
  • Errors in the assessment of witness credibility
  • Misapplication of the law or retroactive statutory changes
  • Missed deadlines due to mistakes in service or legal advice

Whether your case involves allegations of inadequate guardianship, neglect, or abuse, we know how to identify errors in the OCFS determination and build a powerful appeal.

Why Substantial Evidence Matters

In an Article 78 appeal, courts do not retry the facts. Instead, they review whether the OCFS decision was based on “substantial evidence.” This means:

  • The agency had enough credible facts in the record to support its conclusion.
  • The facts must be relevant, probative, and believable.
  • Even hearsay can be used if it meets these standards.

But many OCFS decisions rely on incomplete investigations, contradictory statements, or outdated reports. The courts will uphold an agency decision unless your lawyer shows that the record lacks real evidence — or that the agency made clear errors in judgment or procedure.

At Gilmer Law Firm, we specialize in identifying where OCFS got it wrong and presenting that to the court in your Article 78 petition.

We Handle the Tough Cases — Including Procedural Dismissals

Many people lose their Article 78 cases not because they’re wrong — but because they missed a deadline, failed to serve the right parties, or didn’t present the right legal arguments.

We’ve seen these issues firsthand:

  • A petitioner’s attorney waited too long to serve OCFS, leading to dismissal for lack of jurisdiction.
  • Parents failed to timely object during the fair hearing, waiving their rights.
  • Petitioners misunderstood that OCFS’s denial is a final agency action, and missed the four-month deadline to appeal.

These are avoidable mistakes — and we make sure they don’t happen to you.

Understanding the Article 78 Timeline

Article 78 cases move fast. Here’s what you need to know:

  • You generally have 4 months from the date of the OCFS final determination to file.
  • Once you file, you must serve OCFS and any other named parties correctly — usually within 15 days after filing.
  • If your case involves “substantial evidence,” the Supreme Court will transfer your case to the Appellate Division.
  • At that point, your case will be reviewed by a panel of judges to determine whether OCFS acted legally and reasonably.

At Gilmer Law Firm, PLLC, we handle this entire process for you — from filing your petition, serving respondents, to preparing your case for argument at the Appellate Division.

Transfer to the Appellate Division — What It Means

Most Article 78 cases involving OCFS indicated reports are transferred to the Appellate Division because they raise a “substantial evidence” issue — meaning a judge must decide whether OCFS had enough evidence to make its decision.

This transfer is not an appeal in the traditional sense — it’s a continuation of your case before a higher court. It requires:

  • A complete administrative record from the fair hearing
  • Detailed legal briefs explaining why the OCFS decision was incorrect
  • A strong understanding of administrative law and family protection standards

We are experienced in preparing Article 78 cases for this higher level of review and know how to navigate the transition from Supreme Court to Appellate Division seamlessly.

Protecting Your Career and Your Future

Being listed on the SCR can prevent you from:

  • Working in schools, daycare, or hospitals
  • Becoming a foster or adoptive parent
  • Passing background checks for licensing or employment
  • Retaining custody or visitation rights in Family Court

Don’t let a flawed or unfair OCFS decision limit your life. We fight for your right to amend, seal, or overturn these findings — even after a denial.

Why Clients Across New York Trust Gilmer Law Firm, PLLC

We are a Brooklyn-based law firm with years of experience defending parents, professionals, and caregivers against OCFS findings. George M. Gilmer, Esq. has represented clients in every phase of the administrative and judicial process — from fair hearings to Supreme Court filings and Appellate Division arguments.

Here’s why our clients choose us:

✅ Deep knowledge of New York family and administrative law

✅ Skilled in identifying procedural and evidentiary flaws in OCFS decisions

✅ Strong track record in SCR expungement and Article 78 litigation

✅ Personal, compassionate representation from start to finish

We Represent Clients in:

  • Brooklyn
  • Queens
  • Staten Island
  • Manhattan
  • Bronx
  • Nassau and Suffolk Counties
  • All other counties in New York State

Whether your case involves ACS, OCFS, or SCR expungement, we are here to guide you through the process — and fight to restore your reputation.

Call Today to Start Your Article 78 Appeal

Time is running out. If you’ve been denied by OCFS or received an unfavorable fair hearing decision, call us now. Don’t let missed deadlines or legal missteps cost you your future.

📞 718-864-2011

📍 Gilmer Law Firm, PLLC — Brooklyn, NY

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Let us help you turn a “no” into a second chance. We’re here to fight for you — in court, on the record, and all the way to justice.