In re Ana L.

Appellate Division of the Supreme Court of New York

In re Ana L.

26 A.D.3d 439, 808 N.Y.S.2d 908

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

DecidedFebruary 21, 2006

StatusPublished

Cited by1 cases

This text of 26 A.D.3d 439 (In re Ana L.) 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

In re Ana L., 26 A.D.3d 439, 808 N.Y.S.2d 908 (N.Y. Ct. App. 2006).

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Opinion

In six related child protective proceedings pursuant to Family Court Act article 10, the petitioner appeals, as limited by its brief, from so much of an order of the Family Court, Queens County (Friedman, J.), dated August 10, 2005, as, after a fact-finding hearing, denied the petition on behalf of the child Jennifer L. and dismissed that proceeding.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Under the particular facts of this case, the petitioner failed to establish by a preponderance of the evidence that the subject child, Jennifer L., was abused by her parents (see Family Ct Act § 1046 [b] [i]; cf. Matter of Philip M., 82 NY2d 238 [1993]). Where, as here, the Family Court is confronted primarily with issues of credibility, its factual findings must be accorded great weight (see Matter of Aminat O., 20 AD3d 480, 481 [2005]; Matter of Cassandra C., 300 AD2d 303, 304 [2002]; Matter of Commissioner of Social Servs. of City of N.Y. v Hyacinth L., 210 AD2d 329, 331 [1994]). We find no basis to disturb the Family Court’s findings. Crane, J.P., Krausman, Rivera and Dillon, JJ., concur.

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In six related child protective proceedings pursuant to Family Court Act article 10, the petitioner appeals, as limited by its brief, from so much of an order of the Family Court, Queens County (Friedman, J.), dated August 10, 2005, as, after a fact-finding hearing, denied the petition on behalf of the child Jennifer L. and dismissed that proceeding.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Under the particular facts of this case, the petitioner failed to establish by a preponderance of the evidence that the subject child, Jennifer L., was abused by her parents (see Family Ct Act § 1046 [b] [i]; cf. Matter of Philip M., 82 NY2d 238 [1993]). Where, as here, the Family Court is confronted primarily with issues of credibility, its factual findings must be accorded great weight (see Matter of Aminat O., 20 AD3d 480, 481 [2005]; Matter of Cassandra C., 300 AD2d 303, 304 [2002]; Matter of Commissioner of Social Servs. of City of N.Y. v Hyacinth L., 210 AD2d 329, 331 [1994]). We find no basis to disturb the Family Court’s findings. Crane, J.P., Krausman, Rivera and Dillon, JJ., concur.

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Bluebook (online)

26 A.D.3d 439, 808 N.Y.S.2d 908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ana-l-nyappdiv-2006.

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