COMM'R OF ADMIN. FOR CHILDREN'S SERVS. OF CITY OF N.Y EX REL. STEPHEN D. v. ANGELA D.


250 A.D.2d 845 (1998)

672 N.Y.S.2d 790

In the Matter of Commissioner of Administration for Children's Services of the City of New York, on Behalf of Stephen D. and Others, Children Alleged to be Abused and Neglected, Appellant, v. Angela D., Respondent

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

May 26, 1998


Ordered that the order is affirmed, without costs or disbursements, and the stay pending appeal granted by decision and order on motion of this Court dated June 24, 1997, is vacated forthwith.

The evidence adduced by the appellant failed to establish that the return of the children posed an imminent risk to their health where, as here, the offending circumstances have been remedied. Moreover, the respondent has complied fully with the service plan offered by the appellant...

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