MATTER OF MALACHI H.

14204, 14203.

125 A.D.3d 478 (2015)

2 N.Y.S.3d 482

In the Matter of MALACHI H., a Child Alleged to be Neglected. DEQUISA H., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided February 10, 2015.


The finding of neglect is supported by a preponderance of the evidence, which demonstrates that respondent left her then two-year-old son alone in her apartment for an hour and that he was discovered in the hallway outside the apartment while she was out (see Family Ct Act § 1046 [b] [i]). Respondent's conduct placed her son in imminent danger of physical or emotional harm, and constitutes neglect, notwithstanding that the child was unharmed (see Family...

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