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NASSAU DSS v. DENISE J.

87 N.Y.2d 73 (1995)

661 N.E.2d 138

637 N.Y.S.2d 666

In the Matter of Nassau County Department of Social Services, on Behalf of Dante M., Respondent, v. Denise J., Appellant. (Proceeding No. 1.) In the Matter of Nassau County Department of Social Services, on Behalf of Dantia M., Respondent, v. Denise J., Appellant. (Proceeding No. 2.)

Court of Appeals of the State of New York.

Decided November 30, 1995.

Attorney(s) appearing for the Case

Jeremy L. Goldberg, Hempstead, Matthew Muraskin and Kent V. Moston for appellant.

Denise R. Langweber, Merrick, Law Guardian for Dante M. and Dantia M.

Owen B. Walsh, County Attorney of Nassau County, Mineola (Marilyn L. Olshansky of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

The issue before this Court is whether a finding of neglect as to a newborn and the newborn's older sibling may be based solely on the newborn's positive toxicology for a controlled substance. We conclude that more than a positive toxicology is generally required for a neglect determination. We affirm in this case because, as the Appellate Division concluded, there is additional evidence in the record...

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