MATTER OF CHILDREN


272 A.D.2d 211 (2000)

707 N.Y.S.2d 453

In the Matter of the P. CHILDREN, Alleged to be Abused and/or Neglected. MARCIA P. et al., Respondents; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant. LEGAL AID SOCIETY OF THE CITY OF NEW YORK, as Law Guardian, Appellant.

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

Decided May 23, 2000.


The only evidence presented by petitioner at the hearing demonstrated facts that respondents did not dispute: respondent mother had left her nine-year-old son with his two-year-old sister in a bedroom while she was in the kitchen, and when she returned to the bedroom she observed the two-year-old, alone, attempting to climb over the window guard at the open window. When the nine-year-old re-entered the room, which he had left to throw out the garbage, respondent mother was...

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