MATTER OF KHELIA B.


298 A.D.2d 132 (2002)

748 N.Y.S.2d 352

In the Matter of KHELIA B. and Another, Children Alleged to be Neglected. TONYA W., Appellant; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent, et al., Respondent.

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

Decided October 3, 2002.


Family Court's neglect findings against respondent in these child protective proceedings pursuant to article 10 of the Family Court Act were based on the requisite preponderance of the evidence (see Family Ct Act § 1046 [b] [i]). The credible testimony established that respondent failed over some eight months to treat a serious rash contracted by her infant daughter in a medically appropriate way. Although the rash had previously been treated successfully with...

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