MATTER OF ESSENCE J.

2311, 2310, 2309A, 2309.

144 A.D.3d 593 (2016)

2016 NY Slip Op 07998

43 N.Y.S.3d 269

In the Matter of ESSENCE J., a Child Alleged to be Neglected. SHAWN N., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent. In the Matter of ELIJAH J. and Others, Children Alleged to be Neglected. SHAWN N., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent, et al., Respondent.

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

Decided November 29, 2016.


A preponderance of the evidence supports the Family Court's finding that respondent knew or should have known that the mother was drinking to the point of intoxication while she was caring for the children (see Family Ct Act § 1046 [b] [i]). Respondent testified that he would see the mother at least three times a week during the same time period the Family Court determined that she was drinking to the point of intoxication almost every day and his testimony made...

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