MATTER OF M.


206 A.D.2d 876 (1994)

615 N.Y.S.2d 152

In the Matter of Erica M., a Child Alleged to be Neglected. Paul A., Appellant; Erie County Department of Social Services, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 15, 1994


Order unanimously reversed on the law without costs and petition dismissed.

Memorandum:

The record does not support Family Court's determination that Erica was a neglected child within the meaning of Family Court Act § 1012 (f). Petitioner failed to establish, by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]), that the diagnosis of respondent as a manic-depressive or that his conduct on the day in question placed Erica...

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