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MATTER OF MYRACLE N.P.

9256.

172 A.D.3d 479 (2019)

98 N.Y.S.3d 421

2019 NY Slip Op 03668

In the Matter of Myracle N.P., a Child Alleged to be Neglected. Tyree L.B., Appellant; Administration for Children's Services, Respondent.

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

Decided May 9, 2019.

The finding of derivative neglect is supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]). The 2010 finding of neglect, which was based upon, inter alia, the father's sexual misconduct as to his older child, and his failure to take prescribed psychotropic medication and receive appropriate mental health treatment, was sufficiently proximate in time to the instant proceedings to support the...

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