MATTER OF NATASHA W. v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES

1303, 100624/14.

145 A.D.3d 401 (2016)

2016 NY Slip Op 08099

42 N.Y.S.3d 126

In the Matter of NATASHA W., Respondent, v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES et al., Appellants, and NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided December 1, 2016.


Respondent New York City Administration for Children's Services (ACS) explicitly concluded, after a two-month long investigation, that petitioner's child was not "likely to be in immediate or impending danger of serious harm." Nonetheless, the ALJ determined that the child is in imminent danger. Accordingly, and as more fully set forth below, the motion court correctly found that the ALJ's decision was based on an error of law in that it misapplied the legal standard, lacked...

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