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IN THE MATTER OF JABARRY W.

24 A.D.3d 218 (2005)

804 N.Y.S.2d 922

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

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

December 13, 2005.

The finding of neglect was supported by a preponderance of the evidence which demonstrated that appellant's home was unsafe and that appellant's mental state was such that the subject child was in imminent danger (see e.g. Matter of Danielle M., 151 A.D.2d 240 [1989]).

Appellant's argument on appeal with respect to the denial of her application pursuant to Family Court Act § 1028 for return of the subject child pending...

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