MATTER OF NICOLE


219 A.D.2d 521 (1995)

631 N.Y.S.2d 669

In the Matter of the Guardianship of Latesha Nicole M. and Another, Infants St. Vincent's Services, Inc., Respondent; Dorothy McC., Appellant

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

September 21, 1995


Contrary to respondent's contention, Family Court applied the correct standard at the dispositional hearing. Once permanent neglect has been established, here by respondent's own in-court admission, "the court in the dispositional hearing must be concerned only with the best interests of the child" (Matter of Star Leslie W., 63 N.Y.2d 136, 147-148). There is no presumption that those interests, which must be established by a preponderance...

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