Legal Opinion

In re Matthew O.

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

Decided December 13, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Catterson, J.

This appeal arises from a Family Court determination that the respondents, the parents and the nanny of a baby girl, Victoria O., abused the infant and derivatively neglected her siblings. The respondents contend that the court’s finding was not supported by a preponderance of the evidence even though it is undisputed that Victoria O. suffered seven distinct fractures of her arms, legs and skull before reaching the age of five months. The respondents argue nevertheless that the preponderance of evidence standard requires evidence that “pinpoints” the time when…

2Cases cited13 opinions

  1. Matter of Philip M.New York Court of Appeals · 1993
  2. Matter of O.New York Court of Appeals · 1975
  3. In re CruzAppellate Division of the Supreme Court of the State of New York · 1986
  4. In re Vincent M.Appellate Division of the Supreme Court of the State of New York · 1993
  5. In re Christina Maria C.Appellate Division of the Supreme Court of the State of New York · 1982

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