MATTER OF B.


236 A.D.2d 817 (1997)

653 N.Y.S.2d 764

In the Matter of Anthony B., a Child Alleged to be Neglected. Doreen B., Appellant; Erie County Department of Social Services, Respondent

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

February 7, 1997


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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