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MATTER OF MALACHI B.

4989.

155 A.D.3d 492 (2017)

65 N.Y.S.3d 24

2017 NY Slip Op 08175

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

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

Decided November 21, 2017.

Family Court erred in making a finding of neglect based on abandonment (see Family Ct Act § 1012 [f] [ii]), because the petition as filed did not allege abandonment and the petition was never properly amended to include that allegation (see also Matter of Vallery P. [Jondalla P.], 106 A.D.3d 575, 575 [1st Dept 2013]). Sufficient proof, however, was presented to sustain the original petition without considering the new...

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