MATTER OF TRINITY E.

150 CAF 14-01530.

137 A.D.3d 1590 (2016)

27 N.Y.S.3d 758

2016 NY Slip Op 01948

In the Matter of TRINITY E., a Child Alleged to Be Neglected. MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, Respondent; ROBERT E., Appellant, et al., Respondent.

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

Decided March 18, 2016.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to article 10 of the Family Court Act, respondent father appeals from an order finding that he neglected his daughter. We reject the father's contention that Family Court erred in basing its finding of neglect on matters not contained in the petition, i.e., on the subject child's failure to thrive while in the father's care. The record...

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