MATTER OF ZARIYASTA S.


158 A.D.2d 45 (1990)

In the Matter of Zariyasta S. and Another, Children Alleged to be Abused and Neglected. Commissioner of Social Services, Appellant, Vivian D. et al., Respondents

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

June 26, 1990


Attorney(s) appearing for the Case

Linda H. Young of counsel Ellen B. Fishman with her on the brief; Victor A. Kovner, Corporation Counsel, attorney), for appellant.

Esther I. Stackell for Vivian D., respondent.

Samuel I. Ackerman for Pa D., respondent.

Janet R. Fink of counsel (Kim Chisolm with her on the brief; Lenore Gittis, attorney), for infant children.

ROSENBERGER, J. P., ELLERIN, SMITH and RUBIN, JJ., concur.


KASSAL, J.

The issues presented in this appeal concern the application of evidentiary burdens of proof in child abuse and neglect proceedings. For the reasons that follow, we hold that the Family Court was correct in its dismissal of the claims of sexual abuse, but that it erroneously applied the standard for termination of parental rights in dismissing the petition insofar as it alleged neglect based upon mental...

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