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MATTER OF ANDY

9596.

105 A.D.3d 511 (2013)

963 N.Y.S.2d 195

2013 NY Slip Op 2479

In the Matter of ANDY Z., a Child Alleged to be Neglected. HONG LAI Z., Appellant, COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Respondent.

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

Decided April 11, 2013.

The Family Court's findings of neglect against the father, based on two incidents, are not supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]). The statutory test for neglect is "`minimum degree of care' — not maximum, not best, not ideal — and the failure [to exercise that degree of care] must be actual, not threatened" (Nicholson v Scoppetta, 3 N.Y...

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