MATTER OF JOSEPH Z.

2018-03405, Docket No. N-6216-16.

173 A.D.3d 1052 (2019)

104 N.Y.S.3d 657

2019 NY Slip Op 04957

In The Matter of Joseph Z. Administration for Children's Services, Respondent; YOLA Z., Appellant, et al., Respondent.

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

Decided June 19, 2019.


Ordered that the amended order is reversed insofar as appealed from, on the law, without costs or disbursements, that branch of the petitioner's motion which was for summary judgment against the mother on the issue of neglect of the subject child is denied, and the matter is remitted to the Family Court, Kings County, for further proceedings consistent herewith.

"[I]n an appropriate case, the Family Court may enter a finding of neglect on a summary judgment motion...

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