Matter of Ivan C. Jr. (Ivan C.)

Summary

The Appellate Division, Second Department, affirmed an order of fact-finding in related Family Court Act article 10 proceedings. The court held that the petitioner's evidence did not establish abuse or neglect by a preponderance of the evidence, and it deferred to the Family Court's credibility determinations concerning inconsistencies in the appellant's testimony.

Holdings

1. The petition was properly denied and the proceeding properly dismissed because the record, taken as a whole, failed to prove the allegations against Julissa O. by a preponderance of the evidence.
2. The Family Court's credibility determinations and factual findings were entitled to great deference and great weight and provided no basis for appellate disturbance.

Questions Presented

1. Whether the petitioner proved by a preponderance of the evidence that Julissa O. had been abused or neglected.
2. Whether the Family Court's credibility determinations and factual findings should be disturbed where the testimony was conflicting and the subject child's inconsistencies were central to the allegations.

Disposition

affirmed