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MATTER OF COMM'R OF SOC SERVS., CHILD WELFARE ADMIN.

182 A.D.2d 589 (1992)

In the Matter of Commissioner of Social Services, Child Welfare Administration, on Behalf of Female W., a Child Alleged to be Neglected, Respondent. Diane W., Appellant

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

April 30, 1992

With respect to the order of December 20, 1990, pursuant to Family Court Act § 1046 (b) (i), the determination that a child has been abused or neglected need only be based upon a "preponderance" of the competent, material and relevant evidence. That burden was met here by medical testimony that the child was anemic, alarmingly underweight under either African or white mid-western American standards, and not thriving or functioning...

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