In re Anissa A.P.

Appellate Division of the Supreme Court of New York

In re Anissa A.P.

96 A.D.3d 853, 947 N.Y.S.2d 882

Appellate Division of the Supreme Court of the State of New York·Decided June 13, 2012·Published

Opinion

— In a child neglect proceeding pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding of the Family Court, Queens County (Arias, J.), dated May 25, 2011, which, after a fact-finding hearing, found that she neglected the subject child.

Ordered that the order of fact-finding is reversed, on the facts, [854]*854without costs or disbursements, the petition is denied, and the proceeding is dismissed.

A finding that a child is abused or neglected must be based on a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Matter of Adelia V. [Braun], 91 AD3d 659, 660 [2012]). Here, the petitioner failed to establish by a preponderance of the evidence that the mother neglected the child.

On this record, we find that the child’s unsworn, out-of-court statements of the mother’s neglectful conduct were not sufficiently corroborated as required by Family Court Act § 1046 (a) (vi) (see Matter of Jeshaun R. [Ean R.], 85 AD3d 798 [2011]; Matter of Peter G., 6 AD3d 201 [2004]).

As a result of our determination, the mother’s remaining contentions have been rendered academic. Dillon, J.P., Dickerson, Austin and Miller, JJ., concur.

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— In a child neglect proceeding pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding of the Family Court, Queens County (Arias, J.), dated May 25, 2011, which, after a fact-finding hearing, found that she neglected the subject child.

Ordered that the order of fact-finding is reversed, on the facts, [854]*854without costs or disbursements, the petition is denied, and the proceeding is dismissed.

A finding that a child is abused or neglected must be based on a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Matter of Adelia V. [Braun], 91 AD3d 659, 660 [2012]). Here, the petitioner failed to establish by a preponderance of the evidence that the mother neglected the child.

On this record, we find that the child’s unsworn, out-of-court statements of the mother’s neglectful conduct were not sufficiently corroborated as required by Family Court Act § 1046 (a) (vi) (see Matter of Jeshaun R. [Ean R.], 85 AD3d 798 [2011]; Matter of Peter G., 6 AD3d 201 [2004]).

As a result of our determination, the mother’s remaining contentions have been rendered academic. Dillon, J.P., Dickerson, Austin and Miller, JJ., concur.

In re Anissa A.P., 96 A.D.3d 853, 947 N.Y.S.2d 882 (N.Y. Ct. App. 2012).

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Opinion

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