In re Orange County Department of Social Services

Appellate Division of the Supreme Court of New York

In re Orange County Department of Social Services

103 A.D.3d 631, 959 N.Y.S.2d 445

Appellate Division of the Supreme Court of the State of New York·Decided February 6, 2013·Published

Opinion

In related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding and disposition of the Family Court, Orange County (Woods, J.), dated November 21, 2011, which, after a fact-finding hearing, inter alia, found that she neglected the subject children.

Ordered that the order of fact-finding and disposition is reversed, on the facts, without costs or disbursements, the petitions are denied, and the proceedings are dismissed.

A finding that a child is neglected must be based on a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Matter of Kassandra V. [Sylvia L.], 90 AD3d 940, 941 [2011]). Here, the petitioner failed to establish by a preponderance of the evidence that the mother neglected her children.

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

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In related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding and disposition of the Family Court, Orange County (Woods, J.), dated November 21, 2011, which, after a fact-finding hearing, inter alia, found that she neglected the subject children.

Ordered that the order of fact-finding and disposition is reversed, on the facts, without costs or disbursements, the petitions are denied, and the proceedings are dismissed.

A finding that a child is neglected must be based on a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Matter of Kassandra V. [Sylvia L.], 90 AD3d 940, 941 [2011]). Here, the petitioner failed to establish by a preponderance of the evidence that the mother neglected her children.

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

In re Orange County Department of Social Services, 103 A.D.3d 631, 959 N.Y.S.2d 445 (N.Y. Ct. App. 2013).

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Opinion

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