MATTER OF DUTCHESS COUNTY DEP'T OF SOC SERVS. v. B.


224 A.D.2d 617 (1996)

639 N.Y.S.2d 400

In the Matter of Dutchess County Department of Social Services, on Behalf of John S. and Others, Children Alleged to be Abused and Neglected, Appellant, v. Peter B., Respondent, and Edythe S., Respondent

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

February 20, 1996


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Dutchess County, for a fact-finding hearing.

Family Court Act article 10 permits a finding of neglect to be made if a child's "physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent to exercise a minimum degree of care" "in providing...

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