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DSS (OSCAR C JR.) v. OSCAR C.

192 A.D.2d 280 (1993)

In the Matter of New York City Department of Social Services, on Behalf of Oscar C., Jr., and Another, Respondent, v. Oscar C., Appellant

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

August 2, 1993

Attorney(s) appearing for the Case

Feldman & Feldman, Hauppauge (Arza Rayches Feldman of counsel), for appellant.

O. Peter Sherwood, Corporation Counsel of New York City (Leonard Koerner and Ellen B. Fishman of counsel), for respondent.

Lenore Gittis, New York City (Kenneth Rabb of counsel), Law Guardian, for infants.

BRACKEN, J. P., BALLETTA and RITTER, JJ., concur.

PIZZUTO, J.

The question to be answered is whether the Family Court erred in applying the "preponderance of the evidence" standard of proof in its fact-finding phase of this Family Court Act article 10 child neglect proceeding (which involved two children of Eskimo heritage), while applying the more stringent "clear and convincing" evidence standard in the dispositional...

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