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MATTER OF NOAH JEREMIAH J.

2832.

81 A.D.3d 37 (2010)

914 N.Y.S.2d 105

In the Matter of NOAH JEREMIAH J., a Child Alleged to be Neglected. KIMBERLY J., Appellant, ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided December 21, 2010.

Attorney(s) appearing for the Case

Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Larry A. Sonnenshein and Leonard Koerner of counsel), for respondent.

Tamara A. Steckler , The Legal Aid Society, New York City ( Louise Feld of counsel), attorney for the child.

RENWICK, RICHTER and ABDUS-SALAAM, JJ., concur with CATTERSON, J.; SAXE, J.P., dissents in a separate opinion.

OPINION OF THE COURT

CATTERSON, J.

In this Family Court neglect proceeding, the respondent mother challenges the finding of neglect of her son who was born HIV-positive and required antiretroviral medication administered on a strict schedule. The record establishes the effects of her mental illness and failures to administer her own medication on her ability to care for her infant son, and hence a finding of neglect based on the risk of imminent harm is...

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