MATTER OF KIANA M.-M.

2014-01078 (Docket Nos. N-17653-13, N-17654-13)

123 A.D.3d 720 (2014)

997 N.Y.S.2d 723

2014 NY Slip Op 08439

In the Matter of KIANA M.-M. MICHELLE K. McCARTHY, on Behalf of KIANA M.-M., Respondent. ROBERT M., Appellant. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Nonparty Respondent. (Proceeding No. 1.) In the Matter of KEIRA M.-M. MICHELLE K. McCARTHY, On Behalf of KEIRA M.-M., Respondent. ROBERT M., Appellant. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Nonparty Respondent. (Proceeding No. 2.)

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

Decided December 3, 2014.


Ordered that the order of fact-finding is reversed, on the facts, without costs or disbursements, the petition is denied, and the proceedings are dismissed.

A party seeking to establish neglect of a child must demonstrate, by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]), (1) that the child's physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired, and (2) that the actual or threatened...

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