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MATTER OF AA.

75 A.D.2d 910 (1980)

In the Matter of John Aa. and Another, Children Alleged to be Permanently Neglected. Bernhardt S. Kramer, as Commissioner of The Ulster County Department of Social Services, Respondent; John Aa. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 1, 1980

The sole contention upon this appeal is that section 622 of the Family Court Act is unconstitutional because the standard of proof required by the statute, a fair preponderance of the evidence, is so low that it deprives them of due process of law. In Matter of Anthony L. CC. (48 A.D.2d 415, 419), this court held that the level of proof required by section 622 was constitutional. In adhering to our decision, we note that the permanent...

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