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MATTER OF DAVIN G.

11 A.D.3d 462 (2004)

782 N.Y.S.2d 763

In the Matter of DAVIN G., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; RADAMES G., Respondent. (Proceeding No. 1.) In the Matter of DANIEL G., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; RADAMES G., Respondent. (Proceeding No. 2.) In the Matter of RACHAEL G., Petitioner, v. RADAMES G., Respondent. (Proceeding No. 3.)

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

October 4, 2004.

Ordered that the order as amended is affirmed insofar as appealed from, without costs or disbursements.

The Family Court properly found that the Administration for Children's Services (hereinafter ACS) failed to establish, by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]), that the father neglected the subject children (see Family Ct Act § 1012 [f] [i] [B]). Indeed, while ACS alleged that the father

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