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MATTER OF RACHEL C.

267 A.D.2d 951 (1999)

700 N.Y.S.2d 925

In the Matter of RACHEL C. and Others, Children Alleged to be Neglected. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MARY R., Appellant. (Appeal No. 2.)

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

Decided December 30, 1999.

Order unanimously reversed on the law and facts without costs and petition dismissed.

Memorandum:

Family Court erred in determining that respondent neglected her four children. The specific allegations concerned only Rachel and Joseph. With respect to Rachel, the petition alleged that respondent's boyfriend grabbed the child by the neck (see, Family Ct Act § 1012 [f] [i] [B]). A finding of neglect cannot be sustained where, as here, there is no...

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