In re John AA.

Appeal from a judgment of the Family Court of Ulster County, entered April 5, 1979, which adjudged appellants’ three children to be permanently neglected pursuant to article 6 of the Family Court Act. The sole contention upon this appeal is that section 622 of the Family Court Act is unconstitutional because the standard of proof required by the statute, a fair preponderance of the evidence, is so low that it deprives them of due process of law. In Matter of Anthony L. CC. ( 48 AD2d 415 , 419), this court held that the level of proof required by section 622 was constitutional. In adhering to our decision, we note that the permanent neglect statute (Social Services Law, § 384-b; Family Ct Act, § 611 et seq.) recognizes and seeks to balance rights possessed by the child (see Social Services Law, § 384-b, subd 1; Matter of Bennett v Jeffreys, 40 NY2d 543 , 546-547) with those of the natural parents (see Social Services Law, § 384-b, subd 1; Matter of Sanjivini K, 47 NY2d 374 , 382; Matter of Corey L v Martin L, 45 NY2d 383 , 392). Accordingly, application of the preponderance of evidence standard in such a proceeding involving these often conflicting rights is proper and constitutional. Judgment affirmed, without costs. Mahoney, P. J., Greenblott, Kane, Main and Mikoll, JJ., concur.