MATTER OF ARTHUR S. ADMINISTRATION FOR CHILDREN'S SERVICES

2009-05429 (Docket No. N-2302/08)

68 A.D.3d 1123 (2009)

2009 NY Slip Op 9667

891 N.Y.S.2d 457

In the Matter of ARTHUR S. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; ROSE S., Respondent.

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

Decided December 22, 2009.


Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Richmond County, for further proceedings, including a dispositional hearing.

Family Court Act § 1012 (f) defines a "[n]eglected child" as one whose "physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired" because of a parent's failure "to exercise a minimum...

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