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Commissioner of Social Services v. Ivan G.

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1996
226 A.D.2d 529 (N.Y. App. Div. 1996)

Opinion

April 15, 1996

Appeal from the Family Court, Kings County (Hepner, J.).


Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, since that order was superseded by the order of disposition; and it is further,

Ordered that the order of disposition is affirmed, without costs or disbursements.

We find no basis to disturb the Family Court's determination in this case. The petitioner proved by a preponderance of the evidence that the appellant had sexually abused Jasmin ( see, Family Ct Act § 1046 [b]; Matter of Nicole V., 71 N.Y.2d 112), and the appellant failed to present sufficient evidence to rebut the petitioner's case ( see, Matter of Josephine G., 218 A.D.2d 656). When, as here, the Family Court was confronted primarily with issues of credibility, its factual findings must be accorded great weight on appeal (see, Matter of Josephine G., supra).

The appellant's remaining contention is without merit. Thompson, J.P., Sullivan, Joy and Florio, JJ., concur.


Summaries of

Commissioner of Social Services v. Ivan G.

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1996
226 A.D.2d 529 (N.Y. App. Div. 1996)
Case details for

Commissioner of Social Services v. Ivan G.

Case Details

Full title:In the Matter of COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK…

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

Date published: Apr 15, 1996

Citations

226 A.D.2d 529 (N.Y. App. Div. 1996)
641 N.Y.S.2d 546