MATTER OF CHANIKA B.


60 A.D.3d 671 (2009)

874 N.Y.S.2d 251

In the Matter of CHANIKA B., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent. MARLON V.B., Appellant.

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

Decided March 3, 2009.


Ordered that the order of disposition is reversed, on the law, without costs or disbursements, the fact-finding order is modified accordingly, the petition is denied, and the proceeding is dismissed.

A "neglected child" is defined as one whose "physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent or other person legally responsible for his care to exercise

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