In re Destiny H.
Opinion of the Court
In a child neglect proceeding pursuant to Family Court Act article 10, the petitioner appeals from an order of the Family Court, Westchester County (Edwards, J.), entered July 20, 2010, which, after a fact-finding hearing, denied the petition and dismissed the proceeding.
Ordered that the order is affirmed, with costs.
The Family Court failed to state on the record the facts which it deemed essential to its determination to dismiss the petition (see Family Ct Act § 1051 [c]; Matter of Jose L.I., 46 NY2d 1024, 1025-1026 [1979]; cf. Matter of Jodi S., 179 AD2d 653 [1992]). However, remittal is not necessary because the record is sufficient for this Court to conduct an independent review of the evidence (see Matter of Jose L.I., 46 NY2d at 1026; Matter of Leon G., 7 AD3d 524 [2004]; cf. Matter of Austin v Austin, 254 AD2d 703 [1998]).
Upon our independent review of the evidence, we discern no basis to disturb the Family Court’s ultimate determination that the allegations of neglect were not proven by a preponderance
Case-law data current through December 31, 2025. Source: CourtListener bulk data.