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In re Ana L.

Appellate Division of the Supreme Court of New York, Second Department
Feb 21, 2006
26 A.D.3d 439 (N.Y. App. Div. 2006)

Opinion

2005-07643.

February 21, 2006.

In six related child protective proceedings pursuant to Family Court Act article 10, the petitioner appeals, as limited by its brief, from so much of an order of the Family Court, Queens County (Friedman, J.), dated August 10, 2005, as, after a fact-finding hearing, denied the petition on behalf of the child Jennifer L. and dismissed that proceeding.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Ann E. Scherzer of counsel), for appellant.

John M. Zenir, Mineola, N.Y., for respondents.

Glenn Kaplan, Jamaica, N.Y., Law Guardian for Jennifer L. Tamara A, Steckler, New York, N.Y. (Judith Stern of counsel), Law Guardian for Ana L., Christian L., Danny L., Dianna L., and Edwin L.

Before: Crane, J.P., Krausman, Rivera and Dillon, JJ., concur.


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

Under the particular facts of this case, the petitioner failed to establish by a preponderance of the evidence that the subject child, Jennifer L., was abused by her parents ( see Family Ct Act § 1046 [b] [i]; cf. Matter of Philip M., 82 NY2d 238). Where, as here, the Family Court is confronted primarily with issues of credibility, its factual findings must be accorded great weight ( see Matter of Aminat O., 20 AD3d 480, 481; Matter of Cassandra C., 300 AD2d 303, 304; Matter of Commissioner of Social Servs. of City of N.Y. v. Hyacinth L., 210 AD2d 329, 331). We find no basis to disturb the Family Court's findings.


Summaries of

In re Ana L.

Appellate Division of the Supreme Court of New York, Second Department
Feb 21, 2006
26 A.D.3d 439 (N.Y. App. Div. 2006)
Case details for

In re Ana L.

Case Details

Full title:In the Matter of ANA L. ADMINISTRATION FOR CHILDREN'S SERVICES…

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

Date published: Feb 21, 2006

Citations

26 A.D.3d 439 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 1303
808 N.Y.S.2d 908

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