MATTER OF CHANCE Y.

9973A, 9973.

176 A.D.3d 424 (2019)

110 N.Y.S.3d 685

2019 NY Slip Op 07032

In the Matter of Chance Y. and Another, Infants. Danielle Y., Appellant; Administration for Children's Services, Respondent.

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

Decided October 1, 2019.


Attorney(s) appearing for the Case

Larry S. Bachner , New York, for appellant.

Zachary W. Carter , Corporation Counsel, New York ( Antonella Karlin of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Polixene Petrakopoulos of counsel), attorney for the children.

Concur—Friedman, J.P., Tom, Webber, Gesmer, Oing, JJ.


Respondent failed to preserve her argument that Family Court Act § 1046(b)(i) violates the Constitution insofar as it permits a child to be removed from a parent's care and placed into foster care upon evidence that is less than clear and convincing. In any event, the argument is unavailing. "In a fact-finding hearing to determine whether a child is abused or neglected, the provision of Family Court Act § 1046(b) that a finding of neglect must be based on a preponderance...

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