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MATTER OF R./C. CHILDREN

303 A.D.2d 172 (2003)

755 N.Y.S.2d 236

In the Matter of R./C. CHILDREN, Alleged to be Abused and/or Neglected. ROSE C. et al., Appellants; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided March 6, 2003.

As petitioner concedes, the evidence was insufficient to support a finding of abuse against either respondent. We find that the evidence was also legally insufficient to support a finding of neglect against the maternal grandmother, since she was not the person legally responsible for the child's care at the time of the incident (cf. Matter of Yolanda D., 88 N.Y.2d 790 [1996]). We note as well that the finding of neglect against...

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