MATTER OF KENNYA S.

4567, 4568.

82 A.D.3d 577 (2011)

918 N.Y.S.2d 493

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

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

Decided March 22, 2011.


The finding of neglect as against the mother was not supported by a preponderance of the evidence (see Family Ct Act § 1012 [f]; § 1046 [b] [i]). The mother's false statement that she, and not the father, hit the subject child with a belt, did not, under the circumstances, establish that the mother had failed to exercise a minimum degree of care, or that the child was in imminent danger of being impaired as a result of the false statement (see Nicholson...

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