66 N.Y.2d 1 (1985)

In the Matter of Tammie Z. and Others, Alleged to be Neglected Children. Chemung County Department of Social Services, Respondent; Owen Dennis Z., Appellant.

Court of Appeals of the State of New York.

Decided October 8, 1985.

Attorney(s) appearing for the Case

John J. Ryan, Jr., for appellant.

John F. O'Mara, County Attorney (Robert A. Groff, Jr., of counsel), for respondent.

Robert Abrams, Attorney-General (Robert J. Schack and Robert Hermann of counsel), in his statutory capacity under Executive Law § 71.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in Per Curiam opinion.

Per Curiam.

In a fact-finding hearing to determine whether a child is abused or neglected, the provision of Family Court Act § 1046 (b) that a finding of neglect "must be based on a preponderance of the evidence" affords due process under the Federal Constitution.

This proceeding was brought by respondent Department of Social Services pursuant to Family Court Act article 10, alleging that appellant father, the...


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