MATTER OF J.


209 A.D.2d 896 (1994)

619 N.Y.S.2d 367

In the Matter of Jamie J. and Others, Children Alleged to be Neglected. Montgomery County Department of Social Services, Respondent; Virginia K., Appellant

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

November 23, 1994


Mikoll, J. P.

The issue before us is whether Family Court abused its discretion in finding that respondent neglected her four children: Jamie J., Eric J., Shannon K. and Daniel K. A review of the record reveals that petitioner sustained its burden of establishing neglect by a preponderance of the hearing evidence (Family Ct Act § 1046 [b]), and the burden then shifted to respondent to rebut the evidence...

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