The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 10, 11, 12, 13, 14, 15, 17 were read on this motion to/for VACATE — DECISION/ORDER/JUDGMENT/AWARD. DECISION ORDER ON MOTION Upon the foregoing documents, it is ORDERED that, pursuant to CPLR 7804 (g), the application by petitioner Johnny Gutierrez seeking to vacate and annul a determination by respondent (motion sequence number 001) is respectfully transferred to the Appellate Division, First Department, for disposition pursuant to said subsection. This proceeding involves an issue as to whether a determination made as a result of a hearing held, and at which evidence was taken, pursuant to direction by law, is, on the entire record, supported by substantial evidence (CPLR 7803 [4]); and it is further ORDERED that petitioner shall serve a copy of this order with notice of entry upon the Clerk of the Court (60 Centre Street, Room 141B), who is directed to transfer the file to the Appellate Division, First Department; and it is further ORDERED that such service upon the Clerk of the Court shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on the court’s website at the address www.nycourts.gov/supctmanh)]. Petitioner Johnny Gutierrez (Gutierrez) seeks a judgment to vacate a decision by the respondent New York State Office of Children and Family Services (OCFS) which was issued after an administrative hearing on the allegations contained in child abuse reports investigated by the non-party New York City Administration for Children’s Services (ACS; motion sequence number 001). This matter is respectfully transferred to the Appellate Division, First Department, pursuant to CPLR 7804 (g). FACTS On October 21, 2017, two separate complaint reports were made to the State Central Register maintained by OCFS that alleged maltreatment by Gutierrez of his three children, who were respectively aged 10, 4, and 1 years old. See verified petition, 16; verified answer,
89-92; exhibit C (administrative record). Those reports were transmitted to ACS, which conducted timely investigations of them, and issued determinations on December 21, 2017 that found both reports were “indicated,” as that term is defined in Social Services Law (SSL) §412 (7).1 Id.; verified answer,
