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Matter of Anna

Appellate Division of the Supreme Court of New York, Second Department
Jul 20, 1992
185 A.D.2d 311 (N.Y. App. Div. 1992)

Opinion

July 20, 1992

Appeal from the Family Court, Queens County (De Phillips, J.).


Ordered that the orders are affirmed, without costs or disbursements.

We agree that the fair preponderance of the credible evidence did not establish that the subject children were either abused or neglected within the meaning of the Family Court Act § 1012 (see, Family Ct Act § 1046 [b] [i]; Matter of Tammie Z., 66 N.Y.2d 1). Since the allegations of sexual abuse and excessive corporal punishment were not supported by physical evidence, this case necessarily turned upon questions of credibility (see, Matter of Swift v. Swift, 162 A.D.2d 784). In such instances, the findings of the hearing court must be accorded the greatest respect (see, Matter of Irene O., 38 N.Y.2d 776, 777). On the record presented herein, we find no basis for disturbing the Family Court's resolution of this matter (cf., Matter of James P., 150 A.D.2d 240; cf., Matter of Moises D., 128 A.D.2d 775). Bracken, J.P., Sullivan, Harwood and Lawrence, JJ., concur.


Summaries of

Matter of Anna

Appellate Division of the Supreme Court of New York, Second Department
Jul 20, 1992
185 A.D.2d 311 (N.Y. App. Div. 1992)
Case details for

Matter of Anna

Case Details

Full title:In the Matter of ANNA B. et al., Respondents. COMMISSIONER OF SOCIAL…

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

Date published: Jul 20, 1992

Citations

185 A.D.2d 311 (N.Y. App. Div. 1992)

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