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MATTER OF VALLERY P.

10147-10147A.

106 A.D.3d 575 (2013)

967 N.Y.S.2d 13

2013 NY Slip Op 3610

In the Matter of VALLERY P., a Child Alleged to be Neglected. JONDALLA P., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided May 21, 2013.

Although the issue is not preserved, we conclude the court improperly based its determination on claims of medical neglect not raised in the petition, without affording appellant father a reasonable opportunity to prepare to answer this claim (see Family Ct Act § 1051 [b]; Matter of Crystal S. [Elaine S.], 74 A.D.3d 823, 825 [2d Dept 2010]). Moreover, the petitioner failed to demonstrate by a preponderance of the evidence...

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