MATTER OF ESSLEINY A.

1698.

142 A.D.3d 862 (2016)

37 N.Y.S.3d 542

In the Matter of ESSLEINY A. and Another, Children Alleged to be Neglected. RAFAEL A., Appellant, et al., Respondent; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided September 27, 2016.


The Family Court's finding that the father neglected the children was supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]). The father was arrested upon exiting the family's building while possessing a half kilo of heroin. The arresting officer proceeded to search the apartment and discovered a kilo press, which is commonly used to compact heroin, in the children's bedroom. Further, one of the children testified that she had seen the...

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