IN THE MATTER OF IMANI B.


27 A.D.3d 645 (2006)

811 N.Y.S.2d 447

In the Matter of IMANI B., a Child Alleged to be Neglected. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; VERNON B., Appellant.

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

March 21, 2006.


Ordered that the order of factfinding and disposition is reversed, on the law and the facts, without costs or disbursements, and the petition is dismissed.

A determination of parental neglect following a fact-finding hearing must be based on a preponderance of the evidence, demonstrating "first, that a child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second...

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