In re Arianna L.

Appellate Division of the Supreme Court of New York

In re Arianna L.

159 A.D.2d 989, 552 N.Y.S.2d 751, 1990 N.Y. App. Div. LEXIS 3298

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

DecidedMarch 16, 1990

StatusPublished

Cited by1 cases

This text of 159 A.D.2d 989 (In re Arianna 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 Arianna L., 159 A.D.2d 989, 552 N.Y.S.2d 751, 1990 N.Y. App. Div. LEXIS 3298 (N.Y. Ct. App. 1990).

Pincite

Opinion

Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: Family Court erred in applying clear and convincing evidence as the standard of proof in this child protective proceeding. In a fact-finding hearing to determine whether a child is abused or neglected, petitioner has the burden of establishing abuse or neglect by a preponderance of the evidence (Matter of Tammie Z., 66 NY2d 1; Matter of Jacinta J., 140 AD2d 990, 991). Thus this matter must be remitted to Family Court for a determination according to the proper standard (see, Family Ct Act § 1046 [b]; [a] [ii]). (Appeal from order of Erie County Family Court, O’Donnell, J. — child abuse.) Present — Dillon, P. J., Callahan, Doerr, Denman and Lowery, JJ.

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

Order unanimously reversed on the law without costs, petition reinstated and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: Family Court erred in applying clear and convincing evidence as the standard of proof in this child protective proceeding. In a fact-finding hearing to determine whether a child is abused or neglected, petitioner has the burden of establishing abuse or neglect by a preponderance of the evidence (Matter of Tammie Z., 66 NY2d 1; Matter of Jacinta J., 140 AD2d 990, 991). Thus this matter must be remitted to Family Court for a determination according to the proper standard (see, Family Ct Act § 1046 [b]; [a] [ii]). (Appeal from order of Erie County Family Court, O’Donnell, J. — child abuse.) Present — Dillon, P. J., Callahan, Doerr, Denman and Lowery, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

159 A.D.2d 989, 552 N.Y.S.2d 751, 1990 N.Y. App. Div. LEXIS 3298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-arianna-l-nyappdiv-1990.

Opinion

Related

Cite This Page — Counsel Stack