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MATTER OF JABEZ F.

6718

92 A.D.3d 448 (2012)

938 N.Y.S.2d 518

2012 NY Slip Op 823

In the Matter of JABEZ F. and Another, Children Alleged to be Neglected. MARTHA L., Appellant; BERNARD F., Respondent; COMMISSIONER OF ADMINISTRATION FOR CHILDREN'S SERVICE, Respondent.

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

Decided February 7, 2012.

Respondent mother's claim that the court, following a hearing pursuant to Family Court Act § 1028, erred in denying her application to have the children returned to her pending the neglect proceeding was rendered moot by the subsequent fact-finding determination of neglect (see Matter of Charnel T., 49 A.D.3d 427 [2008]).

The Family Court's determination that neglect was proved by a preponderance of the evidence was...

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