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.
Court of Appeals of the State of New York.
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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