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IN RE DOMYNQUE

Appellate Division of the Supreme Court of New York, Second Department.
May 5, 2009
Judgment
Subsequent
References
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Case Information
CITATION CODES
citation codes
DOCKET NO.

Nos. 2008-02726, Docket Nos. N-8190-04, N-8191-04, N-8192-04.

Attorney(S)

Steven Banks, New York, N.Y. (Tamara A. Steckler and Claire V. Merkine of counsel), attorney for the child Domynyque F., named here as Domynque F., appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Suan B. Eisner of counsel), for the petitioner-appellant. Toba Beth Stutz, Jamaica, N.Y., for respondent. Dean Kusakabe, Forest Hills, N.Y., attorney for the children Deyon C. and Jordon C.

JUDGES

Peter B. Skelos

Robert J. Miller

Randall T. Eng

ACTS

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

Family Court Act ยง 1046 (b) (i) requires a finding of abuse or neglect of a child to be supported by a preponderance of the evidence ( see Matter of Philip M., 82 NY2d 238, 243-244; Matter of Tammie Z., 66 NY2d 1, 3; Matter of Commissioner of Social Servs. v Lorenzo M., 239 AD2d 498, 498). Deference should be accorded to the Family Court's assessments of the credibility of witnesses, although an appellate court is free to make its own credibility assessments. Under the circumstances of this case, we cannot say that the Family Court's findings were not supported by a preponderance of the evidence.

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