MATTER OF KIRK V.


60 A.D.3d 427 (2009)

874 N.Y.S.2d 445

In the Matter of KIRK V., a Child Alleged to be Neglected. PROVIDENCIA V. et al., Respondents; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant.

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

Decided March 5, 2009.


The Family Court properly determined that the aid of the court was not required (see Family Ct Act § 1051 [c]). At the time of the fact-finding, the person alleged to be a danger to the child had not lived or visited the family home for over four years before the court's decision was issued, and petitioner failed to articulate what disposition it was seeking and what court action would be required for Kirk's safety.

Were we to consider the charges, we...

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