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MATTER OF ELIJAH O.

2009-08614.

77 A.D.3d 836 (2010)

909 N.Y.S.2d 373

In the Matter of ELIJAH O., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; MARILYN O., Appellant.

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

Decided October 19, 2010.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the mother's contention, the Family Court properly denied her application pursuant to Family Court Act § 1028(a) to return the subject child to her custody. The evidence adduced at the hearing established that returning the child to the mother would present an imminent risk to his emotional, mental, and physical health (see Family Ct Act § 1028 [a]; Matter of Amber...

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