IN THE MATTER OF JESSICA L.

6733.

93 A.D.3d 522 (2012)

941 N.Y.S.2d 42

2012 NY Slip Op 2036

In the Matter of JESSICA L. and Another, Children Alleged to be Neglected. ERROL M., Appellant; DIANE L., Respondent; NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICE, Respondent.

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

Decided March 20, 2012.


The finding of neglect is not supported by a preponderance of the evidence. The record shows that the two children, who at the time of the proceeding were 16 years old and 9 years old, lived with their mother in the home of the mother's maternal aunt. They regularly attended school, never saw their mother using drugs and never complained of dangerous behavior by their mother. The father was actively involved in their lives, visiting with them every week. While the father...

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