MATTER OF ALYANNA C.

10701.

110 A.D.3d 458 (2013)

973 N.Y.S.2d 108

2013 NY Slip Op 6496

In the Matter of ALYANNA C., a Child Alleged to be Sexually Abused and/or Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; RENE B. et al., Respondents.

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

Decided October 8, 2013.


Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about January 8, 2013, which, after a fact-finding hearing, dismissed the petition alleging sexual abuse and neglect of the subject child, unanimously affirmed, without costs.

Petitioner agency failed to demonstrate by a preponderance of the evidence that respondent stepfather sexually abused the child. The child's testimony was inconsistent, vague, and lacking in specific details. It therefore...

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