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IN THE MATTER OF NICHOLAS

20 A.D.3d 479 (2005)

797 N.Y.S.2d 771

In the Matter of NICHOLAS K., an Infant. WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; LILLIAN O., Appellant. (Proceeding No. 1.) In the Matter of TABITHA K., an Infant. WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; LILLIAN O., Appellant. (Proceeding No. 2.)

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

July 11, 2005.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the grandmother's contention, the applicable quantum of proof in this case was the preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; cf. Matter of Kachelhofer v Wasiak, 10 A.D.3d 366 [2004]). Based upon that standard, there was sufficient evidence in the record to support the Family Court's determination that continued...

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