MATTER OF IYANAH D.


65 A.D.3d 927 (2009)

885 N.Y.S.2d 79

In the Matter of IYANAH D. and Another, Children Alleged to be Neglected. DANIEL D., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent, et al, Respondent.

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

Decided September 15, 2009.


Family Court's finding of neglect was based solely on the condition, observed on one particular day, of the apartment where respondent father and Iyanah resided. The court adopted petitioner's allegation that the subject apartment's living room was cluttered with plastic bags containing clothes and home appliances, there were unwashed dishes in the kitchen, and an odor was emanating from dirty cat litter, and concluded by a preponderance of the evidence that this constituted...

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