MATTER OF R.


194 A.D.2d 495 (1993)

599 N.Y.S.2d 970

In the Matter of Alexander K. R. and Another, Children Alleged to be Neglected. Commissioner of Social Services, Respondent; Alvin A. R., Sr., Appellant

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

June 29, 1993


On an application to extend the placement of neglected children, the petitioning agency has the burden of establishing either the continued unfitness of the parent(s) or that return of the children would likely result in physical or psychological harm (Matter of Faith Z., 92 A.D.2d 990). Petitioner met this burden of proof and we find no improper shifting of the burden of proof to respondent...

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