MATTER OF DONTAY B.

4316.

81 A.D.3d 539 (2011)

917 N.Y.S.2d 177

In the Matter of DONTAY B., a Child Alleged to be Neglected. OCTAVIA F., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent, et al., Respondent.

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

Decided February 22, 2011.


The finding of neglect as against the mother was not supported by a preponderance of the evidence (Family Court Act § 1012 [f]; § 1046 [b] [i]). The finding stems from an incident where the child's father struck the child in the face while the mother was at work. The father maintained that he hit the child by accident and there was no evidence that the father had previously hit the child or otherwise physically harmed him. Moreover, the domestic incident reports...

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