In re Jamie J.
Appellate Division of the Supreme Court of the State of New York
1DissentWhalen, P.J.
We respectfully dissent. Petitioner commenced this proceeding pursuant to Family Court Act article 10 alleging, inter alia, that the subject child was neglected by respondent mother. Following a fact-finding hearing, Family Court concluded that petitioner failed to meet its burden of establishing neglect by a preponderance of the evidence and dismissed the petition. It is well established that “[i]f the court finds that the facts adduced at the hearing are insufficient to support the petition, as was the case here, that is the end of the matter” (Matter of Rasha B., 139 AD2d 962, 963 [1988]…
2Cases cited13 opinions
- Santosky v. KramerSupreme Court of the United States · 1982
- Troxel v. GranvilleSupreme Court of the United States · 2000
- Bennett v. JeffreysNew York Court of Appeals · 1976
- In re Marie B.New York Court of Appeals · 1984
- In re Anthony YY.Appellate Division of the Supreme Court of the State of New York · 1994
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