In re People ex rel. Raymond K. & Merle K.

Appellate Division of the Supreme Court of New York

In re People ex rel. Raymond K. & Merle K.

59 A.D.2d 790, 398 N.Y.S.2d 750, 1977 N.Y. App. Div. LEXIS 13857

Appellate Division of the Supreme Court of the State of New York·Decided October 31, 1977·Published

Opinion

In a proceeding pursuant to article 81 of the Mental Hygiene Law, the appeal is from an order of the County Court, Rockland County, dated June 2, 1976, which, after a hearing, found appellant to be a drug dependent person and certified her to the care and custody of the Drug Abuse Control Commission. Order affirmed, without costs or disbursements. The determination at a certification hearing that a person is a "drug dependent person” must be supported by a preponderance of the credible evidence. (Cf. People v Fuller, 24 NY2d 292.) A review of the record indicates that this burden of proof has been met. Hopkins, J. P., Cohalan, Margett and Hawkins, JJ., concur.

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In a proceeding pursuant to article 81 of the Mental Hygiene Law, the appeal is from an order of the County Court, Rockland County, dated June 2, 1976, which, after a hearing, found appellant to be a drug dependent person and certified her to the care and custody of the Drug Abuse Control Commission. Order affirmed, without costs or disbursements. The determination at a certification hearing that a person is a "drug dependent person” must be supported by a preponderance of the credible evidence. (Cf. People v Fuller, 24 NY2d 292.) A review of the record indicates that this burden of proof has been met. Hopkins, J. P., Cohalan, Margett and Hawkins, JJ., concur.

In re People ex rel. Raymond K. & Merle K., 59 A.D.2d 790, 398 N.Y.S.2d 750, 1977 N.Y. App. Div. LEXIS 13857 (N.Y. Ct. App. 1977).

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59 A.D.2d 790 (In re People ex rel. Raymond K. & Merle K.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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