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MATTER OF JOSEPH O'D.

2011-11098 (Docket Nos. N-1046-11, N-1047-11).

102 A.D.3d 874 (2013)

958 N.Y.S.2d 731

2013 NY Slip Op 340

In the Matter of JOSEPH O'D. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; DENISE O'D., Appellant. (Proceeding No. 1.) In the Matter of JAMES P. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; DENISE O'D., Appellant, et al., Respondent. (Proceeding No. 2.)

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

Decided January 23, 2013.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

After a fact-finding hearing under Family Court Act article 10, any finding that a child is abused or neglected must be based on a preponderance of the evidence (see Family Ct Act § 1046 [b]; Matter of Nicole V., 71 N.Y.2d 112, 117 [1987]; Matter of Yanni D. [Hope J],

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