Order unanimously reversed on the law without costs and petition dismissed.
Memorandum:
In this proceeding pursuant to Family Court Act article 10, we conclude that the evidence at the fact-finding hearing is insufficient to support Family Court's finding that the child is neglected. A finding of neglect may 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...
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