Commissioner of Social Services v. Ivan G.

Appellate Division of the Supreme Court of New York

Commissioner of Social Services v. Ivan G.

226 A.D.2d 529, 641 N.Y.S.2d 546, 1996 N.Y. App. Div. LEXIS 4311

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1996

StatusPublished

Cited by3 cases

This text of 226 A.D.2d 529 (Commissioner of Social Services v. Ivan G.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commissioner of Social Services v. Ivan G., 226 A.D.2d 529, 641 N.Y.S.2d 546, 1996 N.Y. App. Div. LEXIS 4311 (N.Y. Ct. App. 1996).

Pincite

Opinion

In a proceeding pursuant to Family Court Act article 10, Ivan G. appeals (1) from a fact-finding order of the Family Court, Kings County (Hepner, J.), dated March 15, 1994, which, after a hearing, found that he had sexually abused Jasmin and derivatively neglected Jennifer, and (2) from an order of disposition of the same court dated April 27, 1994, which, inter alia, placed the children in the custody of the mother, Nellie T.

Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, since that order was superseded by the order of disposition; and it is further,

Ordered that the order of disposition is affirmed, without costs or disbursements.

We find no basis to disturb the Family Court’s determination in this case. The petitioner proved by a preponderance of the evidence that the appellant had sexually abused Jasmin (see, Family Ct Act § 1046 [b]; Matter of Nicole V., 71 NY2d 112), and the appellant failed to present sufficient evidence to rebut the petitioner’s case (see, Matter of Josephine G., 218 AD2d 656). When, as here, the Family Court was confronted primarily with issues of credibility, its factual findings must be accorded great weight on appeal (see, Matter of Josephine G., supra).

The appellant’s remaining contention is without merit. Thompson, J. P., Sullivan, Joy and Florio, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to Family Court Act article 10, Ivan G. appeals (1) from a fact-finding order of the Family Court, Kings County (Hepner, J.), dated March 15, 1994, which, after a hearing, found that he had sexually abused Jasmin and derivatively neglected Jennifer, and (2) from an order of disposition of the same court dated April 27, 1994, which, inter alia, placed the children in the custody of the mother, Nellie T.

Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, since that order was superseded by the order of disposition; and it is further,

Ordered that the order of disposition is affirmed, without costs or disbursements.

We find no basis to disturb the Family Court’s determination in this case. The petitioner proved by a preponderance of the evidence that the appellant had sexually abused Jasmin (see, Family Ct Act § 1046 [b]; Matter of Nicole V., 71 NY2d 112), and the appellant failed to present sufficient evidence to rebut the petitioner’s case (see, Matter of Josephine G., 218 AD2d 656). When, as here, the Family Court was confronted primarily with issues of credibility, its factual findings must be accorded great weight on appeal (see, Matter of Josephine G., supra).

The appellant’s remaining contention is without merit. Thompson, J. P., Sullivan, Joy and Florio, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

226 A.D.2d 529, 641 N.Y.S.2d 546, 1996 N.Y. App. Div. LEXIS 4311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-social-services-v-ivan-g-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack