Legal Opinion

In re Anissa A.P.

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

Decided June 13, 2012Published

1Opinion of the Court

— 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, *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…

2Cases cited3 opinions

  1. In re Jeshaun R.Appellate Division of the Supreme Court of the State of New York · 2011
  2. In re Peter G.Appellate Division of the Supreme Court of the State of New York · 2004
  3. In re Adelia V.Appellate Division of the Supreme Court of the State of New York · 2012

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