Legal Opinion

In re Alexis S.G.

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

Decided June 12, 2013Published

1Opinion of the Court

In two related child protective proceedings pursuant to Family Court Act article 10, the Administration for Children’s Services appeals from an order of the Family Court, Kangs County (Danoff, J.), dated September 21, 2012, which, after a fact-finding hearing, dismissed the petitions against the mother.

Ordered that the order is affirmed, without costs or disbursements.

In a child protective proceeding, the petitioner has the burden of proving abuse or neglect by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]). “[A] party seeking to establish neglect must show . . . first,…

2Cases cited17 opinions

  1. Nicholson v. ScoppettaNew York Court of Appeals · 2004
  2. In the Matter of Afton C.New York Court of Appeals · 2011
  3. In re CruzAppellate Division of the Supreme Court of the State of New York · 1986
  4. In re of Amber C.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Dutchess County Department of Social Services ex rel. Douglas E. v. Douglas E.Appellate Division of the Supreme Court of the State of New York · 1993

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