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MATTER OF GIANCARLO P.

306 A.D.2d 28 (2003)

761 N.Y.S.2d 165

In the Matter of GIANCARLO P., a Child Alleged to be Neglected. MARIA P., Respondent; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant.

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

Decided June 3, 2003.

The child's prolonged, unexcused absence from school does not, ipso facto, establish either the parental misconduct or the harm or potential harm to the child necessary to a finding of neglect under Family Ct Act § 1012 (f) (i) (A) (see Matter of Jessica Y., 161 A.D.2d 368 [1990]; Matter of Jennifer N., 173 A.D.2d 971, 972 [1991]). A preponderance of the evidence shows that respondent...

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