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IN THE MATTER OF ANA L. ADMINISTRATION FOR CHILDREN'S SERVICES

26 A.D.3d 439 (2006)

808 N.Y.S.2d 908

In the Matter of ANA L. ADMINISTRATION FOR CHILDREN'S SERVICES, Petitioner; JOSE L. et al., Respondents. (Proceeding No. 1.) In the Matter of CHRISTIAN L. ADMINISTRATION FOR CHILDREN'S SERVICES, Petitioner; JOSE L. et al., Respondents. (Proceeding No. 2.) In the Matter of DANNY L. ADMINISTRATION FOR CHILDREN'S SERVICES, Petitioner; JOSE L. et al., Respondents. (Proceeding No. 3.) In the Matter of DIANNA L. ADMINISTRATION FOR CHILDREN'S SERVICES, Petitioner; JOSE L. et al., Respondents. (Proceeding No. 4.) In the Matter of EDWIN L. ADMINISTRATION FOR CHILDREN'S SERVICES, Petitioner; JOSE L. et al., Respondents. (Proceeding No. 5.) In the Matter of JENNIFER L., a Child Alleged to be Abused and Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; JOSE L. et al., Respondents. (Proceeding No. 6.)

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

February 21, 2006.

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

Under the particular facts of this case, the petitioner failed to establish by a preponderance of the evidence that the subject child, Jennifer L., was abused by her parents (see Family Ct Act § 1046 [b] [i]; cf. Matter of Philip M., 82 N.Y.2d 238 [1993]). Where, as here, the...

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