Appellate Division of the Supreme Court of New York, 1977

In re People ex rel. Raymond K. & Merle K.

In re People ex rel. Raymond K. & Merle K.
Appellate Division of the Supreme Court of New York · Decided October 31, 1977
59 A.D.2d 790; 398 N.Y.S.2d 750; 1977 N.Y. App. Div. LEXIS 13857
In re People ex rel. Raymond K. & Merle K.

Opinion of the Court

In a proceeding pursuant to article 81 of the Mental Hygiene Law, the appeal is from an order of the County Court, Rockland County, dated June 2, 1976, which, after a hearing, found appellant to be a drug dependent person and certified her to the care and custody of the Drug Abuse Control Commission. Order affirmed, without costs or disbursements. The determination at a certification hearing that a person is a "drug dependent person” must be supported by a preponderance of the credible evidence. (Cf. People v Fuller, 24 NY2d 292.) A review of the record indicates that this burden of proof has been met. Hopkins, J. P., Cohalan, Margett and Hawkins, JJ., concur.

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