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MATTER OF NATALIE L.

04059/09.

79 A.D.3d 487 (2010)

911 N.Y.S.2d 629

In the Matter of NATALIE L., a Child Alleged to be Neglected. LISETTE A., Respondent, et al., Respondents. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant.

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

Decided December 9, 2010.

Petitioner agency failed to demonstrate that return of the child posed a threat to her life or health (Family Ct Act § 1028 [a]; see Nicholson v Scoppetta, 3 N.Y.3d 357 [2004]). Any imminent risk to the child was eliminated by Family Court's order which, among other things, directed an order of protection against respondent father Sean T., directed the mother and child to reside...

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