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MATTER OF LINDA C

86 A.D.2d 356 (1982)

In the Matter of Linda C., Alleged to be an Abused Child. Robert M. Toft, as Commissioner of The Tioga County Department of Social Services, Respondent; Robert C., Appellant

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

May 13, 1982

Attorney(s) appearing for the Case

Friedlander, Friedlander & Reizes (Peter N. Littman of counsel), for appellant.

John F. Sullivan for respondent.

MAHONEY, P. J., MAIN, YESAWICH, JR., and WEISS, JJ., concur.

LEVINE, J.

The primary issue before us is the validity of the statutory standard of proof in a proceeding under article 10 of the Family Court Act, authorizing the Family Court to make a finding of child abuse on the basis of a preponderance of the evidence (Family Ct Act, § 1046, subd [b], par [i]). Respondent was found to have committed an act of abuse upon his 11-year-old daughter, based almost entirely on her testimony at the hearing concerning...

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