Appellate Division of the Supreme Court of New York, 1963

In re Moon

In re Moon
Appellate Division of the Supreme Court of New York · Decided December 12, 1963
20 A.D.2d 622; 244 N.Y.S.2d 865; 1963 N.Y. App. Div. LEXIS 2739
In re Moon

Opinion of the Court

— Order unanimously reversed on the law and facts, without costs, and matter remitted to the Oneida Family Court for a new hearing. Memorandum: The conduct of the fact-finding hearing was not in accordance with the provisions of section 742 of the Family Court Act. If we should assume that there was any “ evidence produced, the determination of delinquency was not based on a preponderance as required by subdivision (b) of section 744 of that act. (Appeal from order of Oneida Family Court adjudicating the respondent a juvenile delinquent.) Present—Williams, P. J., Bastow, Goldman, McClusky, and Noonan, JJ.

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